Jones v. Secretary of Health and Human Services
11-433
| Fed. Cl. | Sep 11, 2017Background
- Petitioners filed a Vaccine Act claim on July 1, 2011, alleging their minor son developed intussusception after routine childhood vaccinations administered July 10, 2008.
- The parties resolved liability and damages by stipulation; a damages award was issued December 7, 2015.
- Petitioners moved for attorneys’ fees and costs on February 21, 2017, seeking $71,953.43 in fees and costs plus $302.88 in personal costs (total $72,256.31).
- Respondent conceded statutory entitlement to fees and costs but left determination of a reasonable amount to the special master.
- The special master found the hours billed reasonable but reduced the requested hourly rates for petitioners’ counsel (Ramon Rodriguez III) for several years based on prevailing Vaccine Program rates and prior special master decisions applying McCulloch inflation guidelines.
- The special master awarded $70,502.83 in attorneys’ fees and costs (payable jointly to petitioners and Rawls Law Group, P.C.) and $302.88 to petitioners for personal costs, reducing the request by $1,450.60.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to fees and costs after a damages award | Fees and costs are recoverable following the stipulated damages award | Respondent agreed entitlement under the Vaccine Act and left reasonableness to the court | Entitlement conceded; fees award appropriate under 42 U.S.C. § 300aa-15(e)(1) |
| Reasonableness of hours billed | Hours expended by counsel were reasonable and necessary | Respondent did not contest reasonableness of hours | Special master found the time expended reasonable |
| Hourly rates requested for lead counsel | Requested graduated rates (2009–2017) reflecting counsel’s experience and inflation adjustments | Implicitly challenged by citing prior special master decisions that capped rates for counsel with similar experience | Special master reduced certain yearly rates to align with precedent and McCulloch inflation practice, lowering total award by $1,450.60 |
| Method for calculating applicable hourly rates | Apply inflation adjustments per McCulloch and counsel’s claimed experience | Use special masters’ prior rate findings for similarly situated counsel to ensure reasonableness | Applied McCulloch inflation for some years and adjusted rates per prior special master decisions (e.g., Zdroik) to set final rates |
Key Cases Cited
- Sebelius v. Cloer, 133 S. Ct. 1886 (2013) (statutory requirement to award reasonable attorneys’ fees and costs under the Vaccine Act)
- Perreira v. Secretary of Health & Human Services, 27 Fed. Cl. 29 (1992) (special masters have broad discretion in assessing fee reasonableness)
- Perreira v. Secretary of Health & Human Services, 33 F.3d 1375 (Fed. Cir. 1994) (affirming special master discretion on fee awards)
- Saxton ex rel. Saxton v. Secretary of Health & Human Services, 3 F.3d 1517 (Fed. Cir. 1993) (observing that Vaccine Program fee awards are not expected to be high due to its no-fault, non-adversarial nature)