Lightbourne v. Secretary of Health and Human Services
15-423
| Fed. Cl. | May 30, 2017Background
- Petitioner David Lightbourne filed a Vaccine Program petition alleging multiple injuries (GI distress, nerve pain, confusion, paresis, transient paralysis, loss of motor function) following Hep A, Hep B, Tdap, and meningococcal vaccines; compensation awarded by joint stipulation on Jan. 12, 2017.
- Petitioner sought attorneys’ fees and costs: $23,542.50 in fees and $970.14 in costs (total $24,512.64); counsel requested varying hourly rates for lead counsel, an associate, and two paralegals across 2014–2017.
- Respondent acknowledged the statutory requirements for fees were met and deferred to the special master’s discretion to determine a reasonable award.
- The special master applied the lodestar method (hours × reasonable hourly rate) and relevant Vaccine Program precedents to evaluate rates, hours, and costs.
- The special master reduced certain 2017 hourly rates (lead counsel and one paralegal), disallowed duplicative or vague time entries (total fee reductions), but awarded litigation-related costs in full.
- Final award: $22,687.64 (fees and costs), payable jointly to Petitioner and Petitioner’s counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to attorneys’ fees and costs | Fees permitted under Vaccine Act following entitlement award | Respondent: statutory criteria met; special master should set reasonable amount | Award appropriate; special master to determine amount (fees and costs awarded) |
| Reasonable hourly rates | Requested $350 (2014–16) and $375 (2017) for lead counsel; lower rates for associate and paralegals | Respondent deferred to court discretion; no specific objection to rates | Reduced lead counsel 2017 rate slightly ($375→$363); reduced one paralegal 2017 rate ($135→$110); other requested rates found reasonable |
| Reasonable hours / duplicative billing | Submitted contemporaneous billing by counsel, associate, paralegals | Respondent left reasonableness to special master | Disallowed duplicative or overlapping reviews, duplicate call entries, internal emails; total fee reductions $1,825.00 |
| Litigation costs (records, postage, copying) | Requested $970.14 for records and related costs | Respondent had no opposition to reasonableness | Costs found reasonable and awarded in full |
Key Cases Cited
- Avera v. Secretary of Health & Human Services, 515 F.3d 1343 (Fed. Cir. 2008) (approves lodestar approach for Vaccine Act fee awards)
- Blum v. Stenson, 465 U.S. 886 (1984) (defines lodestar: hours reasonably expended × reasonable hourly rate)
- Saxton v. Secretary of Health & Human Services, 3 F.3d 1517 (Fed. Cir. 1993) (special master has wide discretion in fee reasonableness)
- Hines v. Secretary of Health & Human Services, 22 Cl. Ct. 750 (1991) (reviewing court must grant special masters latitude on fees)
- Savin v. Secretary of Health & Human Services, 85 Fed. Cl. 313 (2008) (requires contemporaneous, specific billing records)
- Gruber v. Secretary of Health & Human Services, 91 Fed. Cl. 773 (2010) (attorneys may be awarded fees for travel if legal work performed during travel)
- Perreira v. Secretary of Health & Human Services, 27 Fed. Cl. 29 (1992) (cost requests must be reasonable)
- Beck v. Secretary of Health & Human Services, 924 F.2d 1029 (Fed. Cir. 1991) (awarded fees cover all legal expenses; counsel cannot collect additional fees beyond award)