Joan Caves v. Secretary of Department of Health and Human Services
111 Fed. Cl. 774
| Fed. Cl. | 2013Background
- Mrs. Caves filed a Vaccine Act petition alleging influenza vaccine caused transverse myelitis.
- Special Master denied entitlement on causation November 2010; this court affirmed in 2011; Federal Circuit affirmed in 2012.
- Mrs. Caves sought Attorneys’ fees and costs totaling $185,065.09; respondent challenged several items as unreasonable.
- Special Master reduced substantial portions of fees and costs, including Dr. Derek Smith’s expert time from 88.9 hours to 26.6 hours and reduced travel time.
- Dispute centers on whether Dr. Smith’s invoice was sufficiently detailed/contemporaneous and whether the reduced hours were reasonable.
- Court reviews the special master’s discretion under Vaccine Act standards and affirms the reductions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Dr. Smith’s invoice sufficiently detailed to support his claimed hours? | Caves argues Guidelines are not binding; invoice should be accepted as reasonable. | Secretary argues lack of contemporaneous, detailed invoicing makes hours unreasonable. | Special master did not abuse discretion; documentation deemed insufficient. |
| Were the 26.6 reasonable hours for Dr. Smith’s work? | Caves contends more hours were reasonable given work performed. | Secretary contends the master’s reduction reflects reasonable efficiency given expertise. | Court declines to overturn; 26.6 hours affirmed as reasonable. |
| Did the Vaccine Guidelines bindingly constrain the court’s review of expert costs? | Caves asserts Guidelines are not binding in this court. | Secretary asserts Guidelines support contemporaneous, detailed invoicing; burden on petitioner remains. | Court acknowledges guidelines but upholds requiring demonstrated reasonableness; no abuse of discretion. |
Key Cases Cited
- de Bazan v. Sec’y of Health & Human Servs., 539 F.3d 1347 (Fed. Cir. 2008) (standard of review for Vaccine Act determinations)
- Athen v. Sec’y of Health & Human Servs., 418 F.3d 1274 (Fed. Cir. 2005) (causation and allowance standards in Vaccine Act cases)
- Hensley v. Eckerhart, 461 U.S. 424 (Supreme Court 1983) (reasonableness and exclusion of excessive hours in fee requests)
- Saxton ex rel. Saxton v. Sec’y of Health & Human Servs., 3 F.3d 1517 (Fed. Cir. 1993) (discretion afforded to vaccine program special masters in fee awards)
- Wasson by Wasson v. Sec’y of Health & Human Servs., 24 Cl. Ct. 482 (Ct. Cl. 1991) (deference to special masters in calculating awards)
- Kingsdown Medical Consultants, Ltd. v. Hollister Inc., 863 F.2d 867 (Fed. Cir. 1988) (standards for overturning discretionary fee decisions)
- Naporano Iron & Metal Co. v. United States, 825 F.2d 403 (Fed. Cir. 1987) (burden to prove reasonableness of asserted costs; court need not reconstruct hours)
- Preseault v. United States, 52 Fed. Cl. 667 (Fed. Cl. 2002) (documentation requirements for expert costs in Vaccine Act cases)