MCBANE v. SECRETARY OF HEALTH AND HUMAN SERVICES, 1:19-vv-00350

David McBane, on behalf of R.M., filed a claim under the National Vaccine Injury Compensation Program alleging that R.M. developed transverse myelitis after receiving several vaccines in March 2019.
The special master denied entitlement and dismissed the petition in February 2023.
Despite dismissal, McBane, through counsel, later moved for attorneys’ fees and costs, seeking $64,853.79.
The respondent did not oppose the request, stating statutory requirements were satisfied for such an award.
The special master reviewed the reasonableness of the fees and costs requested, making a small reduction for 2024 rates, and ultimately awarded $64,308.21.
Judgment was entered for payment of these attorneys' fees and costs to petitioner’s counsel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Eligibility for fees after dismissal	Claim filed in good faith and with reasonable basis	Statutory requirements for fees and costs were met	Fees and costs can be granted even though case dismissed
Reasonableness of attorneys’ fees	Requested rates and hours are reasonable	No objection to reasonableness	Fees mostly reasonable, 2024 rate slightly reduced
Reasonableness of costs	Costs documented and necessary for the case	No objection	Full reimbursement of costs granted
Application of correct hourly rates	Sought increased hourly rate for 2024 for lead counsel	Did not object, but master considers precedent	Applied previously awarded 2024 rate, not higher figure

Wasson v. Sec'y of Health & Human Servs., 24 Cl. Ct. 482 (petitioner bears burden to establish reasonableness of fees and costs)
Sabella v. Sec'y of Health & Human Servs., 86 Fed. Cl. 201 (special master’s discretion to adjust fee awards)
Perreira v. Sec'y of Health & Human Servs., 27 Fed. Cl. 29 (costs must be reasonable to be reimbursed)
Savin v. Sec'y of Health & Human Servs., 85 Fed. Cl. 313 (confirming discretion in awarding and adjusting legal fees)