Miller v. Secretary of Health and Human Services
11-852
Fed. Cl.Feb 28, 2017Background
- Petition filed Dec. 6, 2011 under the National Childhood Vaccine Injury Act alleging HPV vaccine (Dec. 3, 2008) caused severe headaches, photophobia, phonophobia, extreme fatigue, dizziness, and gait disturbance.
- Petitioner’s father moved to substitute his daughter as petitioner when she reached majority; substitution granted Feb. 2, 2012.
- Interim attorneys’ fees and costs of $62,350.00 were awarded by stipulation on Dec. 19, 2014.
- Three-day entitlement hearing was held beginning July 13, 2015; case dismissed Jan. 31, 2017 for failure to make a prima facie case.
- Petitioner moved for final attorneys’ fees and costs on Feb. 7, 2017 seeking $62,406.40 (attorneys’ fees and costs) plus $10,181.45 (personal costs).
- Respondent conceded statutory eligibility for a fee award and deferred to the special master on reasonableness; special master found the requested amounts reasonable and awarded them (checks payable as specified).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioner may recover attorneys’ fees/costs despite not prevailing on entitlement | Petition was brought in good faith and had a reasonable basis under the Vaccine Act | Respondent conceded statutory requirements satisfied and recommended special master determine a reasonable amount | Petitioner eligible for fee award under 42 U.S.C. § 300aa‑15(e); award granted |
| Whether the requested fees and costs are reasonable in amount and form | Requested $62,406.40 (fees/costs) and $10,181.45 (personal costs); detailed billing submitted | Respondent left amount to the special master’s discretion | Special master reviewed records, found amounts reasonable, and awarded $62,406.40 payable jointly to petitioner and counsel and $10,181.45 payable to petitioner |
Key Cases Cited
- Perreira v. Secretary of Health and Human Services, 27 Fed. Cl. 29 (1992) (special master has wide discretion in determining reasonableness of attorneys’ fees)
- Saxton ex rel. Saxton v. Secretary of Health and Human Services, 3 F.3d 1517 (1993) (special masters may rely on prior experience in reviewing fee applications)