Meacham v. Secretary of Health and Human Services
19-79
| Fed. Cl. | Oct 25, 2021Background
- Petitioners Emily Meacham and Christopher St. Andre filed a Vaccine Act petition (Jan. 16, 2019) alleging the 2017 influenza vaccine caused Joey Bates to develop Guillain–Barré syndrome and die.
- The parties filed a stipulation awarding compensation on April 6, 2021, which the Special Master adopted April 7, 2021.
- Petitioners moved for attorneys' fees and costs on June 11, 2021, seeking $57,514.92 total ($49,205.40 fees; $8,309.52 costs). Respondent took no substantive objections and indicated statutory requirements were met.
- Counsel requested specific hourly rates for attorneys (Cochran, McLaren, Webb) and billing for work by partner Jana Lamanna (non–Court of Federal Claims bar member) for estate-related tasks.
- The Special Master reviewed rates, hours, and costs, found them reasonable (including Lamanna’s limited estate work), and awarded the full requested $57,514.92 as a lump sum payable to Petitioners and counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to fees and costs | Petitioners entitled because they were awarded compensation via stipulation | Respondent: statutory requirements satisfied; no objection | Award of fees and costs permitted under Vaccine Act and granted |
| Hourly rates | Requested specified McCulloch/Forum-based rates for Cochran, McLaren, Webb (and Lamanna at partner rate) | No objection from Respondent | Rates found reasonable and consistent with prior awards; awarded as requested |
| Reasonableness of hours billed | Counsel provided contemporaneous, detailed billing; hours necessary | No objection from Respondent | Hours overall reasonable; full attorney fees $49,205.40 awarded |
| Attorney costs (expert, records, travel, filing) | Requested $8,309.52 with documentation for records, expert, travel, filing | No objection from Respondent | Costs documented and reasonable; full $8,309.52 awarded (Lamanna’s minimal estate time acceptable at attorney rates) |
Key Cases Cited
- Avera v. Sec'y of Health & Human Servs., 515 F.3d 1343 (Fed. Cir. 2008) (standard for fee awards where petition filed in good faith or with reasonable basis)
- Saxton v. Sec'y of Health & Human Servs., 3 F.3d 1517 (Fed. Cir. 1993) (special master afforded wide discretion in fee reasonableness)
- Hensley v. Eckerhart, 461 U.S. 424 (U.S. 1983) (exclude excessive, redundant, or unnecessary hours)
- Blum v. Stenson, 465 U.S. 886 (U.S. 1984) (use prevailing market rate for reasonable hourly rates)
- Savin v. Sec'y of Health & Human Servs., 85 Fed. Cl. 313 (Fed. Cl. 2008) (requirement for contemporaneous, specific billing records)
- Perreira v. Sec'y of Health & Human Servs., 27 Fed. Cl. 29 (Fed. Cl. 1992) (reasonableness standard for reimbursable costs)
- Hines v. Sec'y of Health & Human Servs., 22 Cl. Ct. 750 (Cl. Ct. 1991) (deference to special master on fee reasonableness)