Moore v. Secretary of Health and Human Services
16-300
| Fed. Cl. | Sep 20, 2017Background
- Petitioner Charles Moore filed a Vaccine Act petition alleging Transverse Myelitis and related injuries from a September 22, 2014 influenza vaccination; entitlement was awarded by stipulation on April 20, 2017.
- Following the award, petitioner sought attorneys’ fees and costs: $37,291.50 in fees and $7,586.24 in costs, for a total request of $44,877.74, with counsel stating no out-of-pocket costs by petitioner.
- Respondent did not contest the reasonableness of the specific amounts but asked the Special Master to exercise discretion to determine a reasonable award.
- Special Master applied the lodestar framework (reasonable hourly rate × reasonable hours), using established Vaccine Program fee principles and forum-rate guidance.
- The Special Master found the requested hourly rates reasonable but reduced travel time billing where travel entries lacked contemporaneous description of work, compensating those travel hours at one-half the normal rate.
- The Special Master awarded $32,991.00 in attorneys’ fees (after a $4,300.50 reduction) plus $7,586.24 in costs, for a total award of $40,577.24, payable jointly to petitioner and counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether requested hourly rates are reasonable | Moore argued rates conformed to rates previously approved for counsel | Respondent raised no specific objection to rates | Rates found reasonable and approved |
| Whether billed travel hours should be compensated at full rate | Moore billed travel time at full rate without describing work performed during travel | Respondent asked Special Master to exercise discretion; highlighted no specific dispute but left reasonableness to Special Master | Travel hours lacking documentation (28.2 hrs) reduced to half-rate, producing $4,300.50 reduction |
| Whether total claimed hours were excessive or duplicative | Moore submitted detailed time records for billed hours | Respondent made no targeted objections to hours; left reasonableness to Special Master | No further reductions for excess/duplication beyond travel-rate adjustment |
| Whether requested litigation costs are reasonable | Moore requested costs for filing, shipping, medical records, and travel | Respondent made no substantive objection | All requested costs ($7,586.24) were found reasonable and awarded |
Key Cases Cited
- Sebelius v. Cloer, 133 S. Ct. 1886 (U.S. 2013) (fee award automatic for petitioners who succeed on the merits)
- Avera v. Secretary of Health & Human Services, 515 F.3d 1343 (Fed. Cir. 2008) (endorsing lodestar method in Vaccine Program cases)
- Blum v. Stenson, 465 U.S. 886 (U.S. 1984) (definition of reasonable hourly rate)
- Rodriguez v. Secretary of Health & Human Services, 632 F.3d 1381 (Fed. Cir. 2011) (forum-rate rule and limited Davis County exception)
- Davis County Solid Waste Mgmt. v. U.S. EPA, 169 F.3d 755 (D.C. Cir. 1999) (basis for local-rate exception when most work occurs outside forum)
- Hensley v. Eckerhart, 461 U.S. 424 (U.S. 1983) (hours must be reasonable; exclude excessive, redundant, or unnecessary time)