Jones v. Secretary of Health and Human Services
13-279
| Fed. Cl. | Dec 14, 2016Background
- Petitioner Laura A. Jones filed a Vaccine Act petition alleging vestibular neuronitis after a TDaP vaccination and ultimately obtained compensation by joint stipulation.
- After the stipulation-based award, petitioner sought attorneys’ fees of $81,695.00 and costs of $17,750.49 (total $99,445.49).
- Respondent recommended a substantially lower overall fee range ($42,000–$63,000) but raised no specific line-item objections.
- Special Master applied the lodestar method (hours × reasonable hourly rate), using forum (D.C.) rate principles and McCulloch rate ranges while also considering local Cincinnati (“Rubin Committee”) rates.
- The Special Master adjusted requested hourly rates (including a split rate for an associate based on experience), reduced certain time entries for clerical/routine work, reclassified and reduced paralegal-level tasks to a paralegal rate, and capped an expert’s hourly rate.
- The court awarded $93,235.74 in attorneys’ fees and costs, to be paid jointly to petitioner and counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to fees | Fees are recoverable because petitioner received compensation by stipulation | Respondent did not dispute entitlement but suggested a lower overall amount | Fees recoverable under 42 U.S.C. § 300aa-15(e)(1); lodestar applied |
| Appropriate hourly rates | Requested $385 (lead counsel) and $250 (associate) for 2013–2016 as reasonable for Cincinnati practice and experience | Respondent offered no specific local rate evidence, suggested overall lower fee range | $385 allowed for lead (32 yrs experience); associate allowed $250 after Nov 2014 and $175 before Nov 2014 (experience-based split) |
| Reasonable hours and billing entries | Submitted contemporaneous billing totaling substantial hours (Bonar ~154.5 hrs; Rankin ~88.85 hrs) | Recommended overall reduction via survey of similar awards but no line-item challenges | Most hours allowed; reduced 2.0 hours for routine CM/ECF review and reclassified 3.35 hrs (Bonar) + 1.15 hrs (Rankin) of exhibit work to paralegal rate ($135/hr) |
| Expert fees and other costs | Requested $10,625 for Dr. Jeffery Kuhn at $625/hr plus other reasonable costs | No specific objection to amounts, but general lower fee range suggested | Expert rate capped at $500/hr (reduction from $625/hr); other costs largely allowed as reasonable |
Key Cases Cited
- Avera v. Secretary of Health & Human Services, 515 F.3d 1343 (Fed. Cir.) (approving lodestar approach under the Vaccine Act) (quoting Blum)
- Blum v. Stenson, 465 U.S. 886 (U.S.) (lodestar methodology authority)
- Davis County Solid Waste Mgmt. & Energy Recovery Special Serv. Dist. v. United States Envtl. Prot. Agency, 169 F.3d 755 (D.C. Cir.) (forum rate guidance)
- Hensley v. Eckerhart, 461 U.S. 424 (U.S.) (hours must not be excessive, redundant, or unnecessary)
- Saxton v. Secretary of Health & Human Services, 3 F.3d 1517 (Fed. Cir.) (special master discretion to reduce hours)
- Savin v. Secretary of Health & Human Services, 85 Fed. Cl. 313 (Fed. Cl.) (requirement for contemporaneous, specific billing records)
- Sabella v. Secretary of Health & Human Services, 86 Fed. Cl. 201 (Fed. Cl.) (special master may reduce fees sua sponte)
- Broekelschen v. Secretary of Health & Human Services, 102 Fed. Cl. 719 (Fed. Cl.) (no need for line-by-line analysis when reducing fees)
- Missouri v. Jenkins, 491 U.S. 274 (U.S.) (paralegal work compensated at prevailing paralegal rates)
- Perreira v. Secretary of Health & Human Services, 27 Fed. Cl. 29 (Fed. Cl.) (reasonableness requirement for costs)