McBane v. Secretary of Health and Human Services
19-0350V
Fed. Cl.May 20, 2025Background
- 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 certain vaccines in March 2019.
- The claim was eventually dismissed by the Special Master on February 28, 2023, denying entitlement to compensation.
- Petitioner later filed a motion seeking attorneys’ fees and costs on September 16, 2024, totaling $64,853.79.
- Respondent agreed that the statutory requirements for awarding fees and costs were met, even though the claim itself was not successful.
- The Special Master reviewed the reasonableness of the requested attorneys’ fees and costs, adjusting the 2024 hourly rate for counsel downward based on recent precedent.
- The final awarded amount was $64,308.21, consisting of $60,823.93 in fees and $3,484.28 in costs, to be paid to petitioner’s counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Eligibility for fees | Filed in good faith and had a reasonable basis | Agreed statutory requirements were met | Requirements for attorneys' fees satisfied |
| Reasonableness of fees | Fee amounts and rates were reasonable and in line with precedent | Did not object to amounts or rates | Slight reduction in hourly rate for 2024 applied |
| Reasonableness of costs | Costs incurred were necessary and documented | Did not object to specific costs | All requested costs awarded |
| Total award calculation | Sought full requested amount pending adjustment | No objection to full amount aside from rate | Reduced fee awarded, full costs awarded |
Key Cases Cited
- Wasson v. Sec'y of Health & Human Servs., 24 Cl. Ct. 482 (establishes burden for proving reasonableness of claimed fees and costs)
- Sabella v. Sec'y of Health & Human Servs., 86 Fed. Cl. 201 (confirms special master’s discretion to reduce fee awards sua sponte)
- Savin v. Sec'y of Health & Human Servs., 85 Fed. Cl. 313 (affirms discretion in reviewing fee requests)
- Perreira v. Sec’y of Health & Human Servs., 27 Fed. Cl. 29 (sets standard for reasonableness of costs requests)