Melgares v. Secretary of Health and Human Services
16-470
| Fed. Cl. | Dec 12, 2017Background
- Petitioner Rebecca S. Melgares filed a Vaccine Act petition alleging a SIRVA (shoulder injury) from a flu vaccine received Oct 20, 2014; compensation awarded by joint stipulation on Sept 16, 2016.
- Petitioner sought attorneys’ fees of $32,447.00 and costs of $700.92 (total $33,147.92); petitioner reported no out-of-pocket expenses.
- Respondent took no substantive objection to the fee request, stating statutory requirements were met and deferring to the special master's discretion as to a reasonable award.
- The Chief Special Master reviewed billing records, found overall request largely reasonable, but identified non-compensable entries and other necessary reductions.
- Reductions: 50% of time billed for general learning about the Vaccine Program (party’s counsel was inexperienced) was disallowed; costs for seeking admission to the U.S. Court of Federal Claims were disallowed.
- Final award reduced to $31,569.92, payable jointly to petitioner and counsel; clerk directed to enter judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to attorneys' fees and costs | Melgares sought full requested fees and costs following award of compensation | Respondent stated he would not contest statutory entitlement and left reasonableness to the special master | Fees and costs are awardable; respondent raised no substantive objection to entitlement |
| Compensability of counsel's learning-time billing | Melgares' counsel billed time for learning Vaccine Program and law | Respondent did not object specifically; special master noted such learning-time is not compensable | Disallowed learning-time as non-compensable; compensated 50% of the billed time because entries were not itemized (reduction of $1,302.00) |
| Reasonableness of admission-related costs | Petitioner included costs for counsel’s admission to the Court of Federal Claims | Respondent offered no substantive objection | Admission-related costs are not compensable; reduced by $276.00 |
| Overall reasonableness of rates/time billed | Petitioner sought full rates and hours billed ($32,447 in fees) | Respondent deferred to special master’s discretion, citing precedent that special masters may rely on experience | Special master found rates reasonable and majority of time compensable; after targeted reductions, awarded $31,569.92 |
Key Cases Cited
- Beck v. Secretary of Health & Human Services, 924 F.2d 1029 (Fed. Cir. 1991) (attorney may not collect fees in addition to amount awarded under the Vaccine Act)