Lopez v. Secretary of Health and Human Services
12-729
| Fed. Cl. | May 30, 2017Background
- Petitioner Kevin Mancilla Lopez filed a Vaccine Act petition alleging GBS and/or ADEM from multiple vaccines administered January 7, 2011; the parties settled and special master awarded compensation on December 5, 2016.
- Petitioner sought attorneys’ fees and costs totaling $68,906.31 under 42 U.S.C. § 300aa-15(e), with detailed billing records submitted.
- Counsel requested elevated hourly rates for experienced attorney Mark Krueger (over 32 years practice) and set rates for an associate and paralegal; petitioner cited a prior Special Master decision granting the same rates.
- Requested costs included translation/record procurement fees paid to a Guatemala attorney, three counsel trips to meet the client (with airfare, lodging, rental car), and a $927.80 rental-car damage charge incurred while counsel was on a client visit.
- Respondent did not object to the amounts, instead asked the special master to exercise discretion to determine a reasonable award.
- The special master found the rates, hours, and costs reasonable (including reimbursement for the Guatemala attorney and travel expenses) and awarded the full requested amount jointly payable to petitioner and counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to fees and costs | Lopez sought full reasonable attorneys’ fees and costs under § 15(e) after successful settlement | Respondent agreed entitlement requirements met and made no specific objections | Award granted under § 15(e); fee application approved |
| Hourly rates | Requested rates for Krueger ($300–$378 across years), associate, and paralegal supported by experience and prior special-master decision | No objection to rates | Rates found reasonable given counsel’s experience and precedent |
| Hours billed | Submitted detailed time records; hours necessary to prosecute claim | No objection to hours or time entries | Hours billed deemed reasonable; no reductions made |
| Reimbursement of costs (foreign counsel, travel, rental damage) | Costs for Guatemala attorney, travel to meet client, and rental damage were necessary and reasonable | No objection; respondent deferred to special master discretion | All costs reimbursed, including Guatemala counsel and the rental-car damage incurred during client visit |
Key Cases Cited
- Blanchard v. Bergeron, 489 U.S. 87 (1989) (lodestar method used for calculating reasonable attorney fees)
- Gruber v. Secretary of Health & Human Services, 91 Fed. Cl. 773 (2010) (awardable costs may include reasonable fees and other costs incurred in Vaccine Program proceedings)
- Beck v. Secretary of Health & Human Services, 924 F.2d 1029 (Fed. Cir. 1991) (attorney may not collect fees in addition to amounts awarded under the Vaccine Act)