Lewis v. Secretary of Health and Human Services, 15-941

Petitioner Lornette Amelia Lewis filed a Vaccine Act petition alleging a tetanus infection (spastic dysphonia, myoclonus, laryngospasm) following a Td vaccine administered on Sept. 28, 2011; the petition was dismissed for insufficient proof on June 27, 2016.
Petitioner substituted counsel (Phyllis Widman) after filing pro se; counsel investigated, obtained additional medical records, consulted multiple experts, and ultimately received an expert opinion diagnosing a rare disorder but concluding it was not vaccine‑caused.
Counsel moved to dismiss after the undersigned identified significant issues and after receiving the unfavorable expert opinion; dismissal was promptly filed and granted.
Petitioner sought attorneys’ fees and costs of $18,226.20; respondent opposed, arguing the petition lacked a "reasonable basis" and thus fees/costs should be denied.
Special Master Gowen found the petition was brought in good faith and that a reasonable basis existed when counsel accepted representation, awarded reduced attorneys’ fees and reimbursed costs, and entered judgment for specified lump sums.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the petition was brought in good faith	Lewis presumed to have brought claim in good faith; counsel investigated.	Respondent did not dispute good faith.	Good faith presumed and not contested; found to exist.
Whether the petition had a reasonable basis	Counsel relied on pro se filings, medical records, literature, and a plausible autoimmune/myoclonus theory to justify investigation.	Respondent argued medical records lacked factual support (no treating provider diagnosed tetanus), delayed onset >1 year, no causation opinion, and counsel should have seen deficiencies pre‑acceptance.	Under totality of circumstances, reasonable basis existed at time counsel accepted representation; fees may be awarded.
Whether requested hourly rates and hours were reasonable	Counsel requested $300/hr (17 years' experience) and 58.40 hours; billed tasks listed.	Respondent challenged some entries as paralegal/clerical and excessive.	$300/hr approved for attorney; 4.85 hours reclassified as paralegal at $135/hr, reducing fee request by $800.25; total hours otherwise reasonable.
Whether costs requested were reasonable	Costs were primarily medical record fees and reasonable.	Respondent challenged awarding costs absent reasonable basis.	Costs awarded as reasonable (including unpaid costs treated as attorney costs); lump sums specified to petitioner and counsel.

Grice v. Sec’y of Health & Human Servs., 36 Fed. Cl. 114 (Fed. Cl. 1996) (presumption of good faith)
Chuisano v. United States, 116 Fed. Cl. 276 (Fed. Cl. 2014) (reasonable‑basis standard is totality‑of‑circumstances; lower evidentiary showing than entitlement)
Silva v. Sec’y of Health & Human Servs., 108 Fed. Cl. 401 (Fed. Cl. 2012) (special master discretion under §300aa‑15(e)(1))
McKellar v. Sec’y of Health & Human Servs., 101 Fed. Cl. 297 (Fed. Cl. 2011) (reasonable basis need not include complete records at filing)
Perreira v. Sec’y of Health & Human Servs., 33 F.3d 1375 (Fed. Cir. 1994) (reasonable basis can be lost during pendency)
Avera v. Sec’y of Health & Human Servs., 515 F.3d 1343 (Fed. Cir. 2008) (lodestar approach approved for Vaccine Act fee awards)
Blum v. Stenson, 465 U.S. 886 (U.S. 1984) (hourly lodestar methodology background)
Saxton v. Sec’y of Health & Human Servs., 3 F.3d 1517 (Fed. Cir. 1993) (special masters may use experience to reduce unreasonable hours/rates)
Broekelschen v. Sec’y of Health & Human Servs., 102 Fed. Cl. 719 (Fed. Cl. 2011) (no requirement for line‑by‑line fee analysis)
Sabella v. Sec’y of Health & Human Servs., 86 Fed. Cl. 201 (Fed. Cl. 2009) (special master may reduce fees sua sponte)