Kong v. Secretary of Health and Human Services
14-145
| Fed. Cl. | Jul 10, 2017Background
- Petitioner Maria Kong filed a Vaccine Program petition alleging Guillain-Barré syndrome from a November 5, 2012 trivalent influenza vaccine; petition filed February 24, 2014.
- Parties filed a stipulation for damages on October 11, 2016, which the Special Master adopted as a decision awarding damages on October 17, 2016.
- Petitioner subsequently moved for final attorney’s fees and costs (May 17, 2017), seeking $40,018.39 ($33,547.50 fees; $6,470.89 costs).
- Respondent indicated statutory requirements for an award were satisfied and deferred to the Special Master on the amount.
- Petitioner's counsel is based in New York City; requested hourly rates: $375 for Michael London (19 years’ experience), $350 for Virginia Anello (10+ years), $125 for paralegals.
- The Special Master found the requested forum rates and hours reasonable and awarded the full $40,018.39, payable jointly to Petitioner and counsel, and directed entry of judgment absent review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to fees and costs | Kong sought reimbursement as a successful Vaccine Program petitioner | Respondent agreed statutory criteria met and deferred amount to Special Master | Entitlement established; fees and costs awarded |
| Appropriate hourly rates | Counsel requested forum rates ($375 and $350) based on experience and NYC forum | No objection to forum rates from Respondent | Forum rates appropriate for New York City; requested rates fall within McCulloch-established ranges and were awarded |
| Reasonableness of hours and costs | Requested hours and litigation costs submitted; no personal litigation expenses claimed | Respondent raised no objections to specific entries | Hours and costs found reasonable and awarded in full |
| Form of payment and entry of judgment | Requested award be paid to counsel and petitioner jointly | Respondent did not oppose payment form | Award ordered payable jointly to petitioner and counsel; clerk to enter judgment absent review |
Key Cases Cited
- No key authorities with official reporter citations were cited in the decision; the decision primarily relied on Vaccine Program precedent and forum-rate guidance as set forth in McCulloch (cited in the opinion by WL citation).