Jones v. Secretary of Health and Human Services
12-875
| Fed. Cl. | May 15, 2017Background
- Petition filed Dec 14, 2012 under the National Vaccine Injury Compensation Program by parents on behalf of then-minor Terezza Jones; petitioner later substituted in as plaintiff.
- Alleged injury: HPV vaccinations (Dec 22, 2009 and May 24, 2010) caused or materially aggravated systemic lupus erythematosus (SLE).
- Extensive record development and expert exchange (Dr. Shoenfeld for petitioner; multiple respondent experts); entitlement hearing scheduled for July 2018 due to docket constraints.
- Petitioner moved for interim attorneys’ fees and costs on March 24, 2017, seeking $66,512.11 total; respondent did not object to the statutory requirements and deferred to the Special Master’s discretion.
- Special Master reviewed hourly rates (relying on prior Special Master decision Siciliano and McCulloch guidance), adjusted certain paralegal rates downward, found billed hours reasonable, and approved most costs (including expert and records costs).
- Final interim award: $66,421.26 payable jointly to petitioner and counsel (a modest reduction from requested amount reflecting rate adjustments).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether interim attorneys’ fees and costs are appropriate | Jones: protracted litigation and expert expenses justify interim award to avoid undue hardship | HHS: defers to Special Master on propriety but does not contest statutory requirements | Interim fees/costs are appropriate given protracted case and good-faith claim (Avera/Shaw principles) |
| Whether requested hourly rates (attorneys) are reasonable | Jones: requested rates align with McCulloch precedent and prior award in Siciliano | HHS: did not contest reasonableness; reserved to Special Master | Attorney rates accepted as consistent with precedent; Special Master follows Siciliano/McCulloch approach |
| Whether paralegal rates should be adjusted | Jones: requested varied paralegal rates as billed | HHS: did not object explicitly; Special Master reviewed prior reasoning | Paralegal rates adjusted downward for some individuals (followed Siciliano distinctions); small reductions applied |
| Whether claimed costs (expert fees, record costs) are recoverable | Jones: $12,144.50 in interim costs (including $8,500 expert) are reasonable and necessary | HHS: does not oppose; defers to Special Master | Costs approved in full as reasonable and appropriate |
Key Cases Cited
- Avera v. Secretary of Health & Human Services, 515 F.3d 1343 (Fed. Cir.) (interim fees appropriate in protracted cases with costly experts)
- Shaw v. Secretary of Health & Human Services, 609 F.3d 1372 (Fed. Cir.) (interim fees appropriate where litigation cost imposes undue hardship and claim is made in good faith)
- Carrington v. Secretary of Health & Human Services, 85 Fed. Cl. 319 (Fed. Cl.) (reasonableness of fee awards is within special master discretion)
- Sabella v. Secretary of Health & Human Services, 86 Fed. Cl. 201 (Fed. Cl.) (special master may reduce fees sua sponte)