McGehee v. Secretary of Health and Human Services
14-1020
| Fed. Cl. | Feb 27, 2017Background
- Petitioner Steven McGehee filed a Vaccine Act petition for injuries allegedly caused by an influenza vaccine administered on October 24, 2011; the parties later entered a joint stipulation and compensation was awarded.
- Following the award, McGehee filed a petition for final attorneys’ fees and costs seeking $31,556.63 ($30,753.00 in fees; $803.63 in costs).
- In compliance with Court rules, petitioner stated he advanced no out-of-pocket costs; the Secretary filed a response urging the Special Master to exercise discretion but raised no specific objections.
- The Special Master applied the lodestar method (hours × reasonable rates) to evaluate fees and reviewed the billing for reasonableness.
- The Special Master found the requested hourly rates ($350 for counsel; $135 for paralegals) reasonable, but identified excessive/duplicative entries for routine court-notice reviews and deducted one hour of attorney time and one hour of paralegal time.
- The Special Master awarded a lump sum of $31,071.63, payable to petitioner and petitioner’s counsel, and noted procedures for entry of judgment and possible redactions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to fees and costs under the Vaccine Act | McGehee sought fees and costs following a compensatory award | Secretary did not contest entitlement; asked the court to exercise discretion in setting a reasonable award | Petitioner entitled to fees and costs; award granted under 42 U.S.C. § 300aa‑15(e) |
| Reasonableness of hourly rates | Proposed $350/hr for attorney, $135/hr for paralegals as reasonable market rates | No specific objection to rates | Rates deemed reasonable and accepted |
| Reasonableness of hours billed | Submitted time records; billed for routine docket/notice reviews (attorney and paralegal) | No detailed challenges to specific entries; asked court to determine reasonable award | Found some duplicative/excessive billing for routine notices; deducted 1 attorney hour and 1 paralegal hour to reach a reasonable award |
| Award of costs | Claimed $803.63 in costs with documentation | No objection to costs | Costs found reasonable and included in the lump-sum award |
Key Cases Cited
- Avera v. Sec’y of Health & Human Servs., 515 F.3d 1343 (Fed. Cir. 2008) (approves lodestar approach and two-step fee analysis)
- Blum v. Stenson, 465 U.S. 886 (U.S. 1984) (establishes hourly-rate × hours lodestar methodology)
- Saxton v. Sec’y of Health & Human Servs., 3 F.3d 1517 (Fed. Cir. 1993) (hours must not be excessive, redundant, or unnecessary)