Morris v. Secretary of Health and Human Services
15-1466
| Fed. Cl. | Aug 16, 2016Background
- This is a United States Court of Federal Claims case, Office of Special Masters No. 15-1466V, involving petitioner Sarah Morris on behalf of her minor child G.M. seeking vaccine injury compensation for vaccines given March 6, 2013 and June 11, 2013.
- Petitioner filed the petition on December 3, 2015 and later filed a Motion for a Decision Dismissing the Petition, with a Dismissal issued July 5, 2016.
- Petitioner submitted an unopposed motion for attorneys’ fees and costs on July 6, 2016 requesting $10,524.63 total ($9,554.50 in fees and $970.13 in costs), with respondent not opposing.
- The Vaccine Act provides that fees may be awarded where compensation is not awarded if the petition was brought in good faith and with a reasonable basis; the court noted a May 18, 2016 order indicating no reasonable basis to proceed with fees moving forward.
- The special master used the lodestar method to calculate fees, approving rates for counsel, hours expended, and reasonable costs, awarding a lump sum of $10,524.63 payable jointly to Morris and her counsel, Andrew D. Downing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to fees despite dismissal | Morris asserts fees may be awarded if the petition was brought in good faith with a reasonable basis. | Secretary contends no award is warranted given the lack of compensable outcome and guidance from prior order. | Fees awarded based on good faith and reasonable basis under Vaccine Act. |
| Reasonableness of hours and rates | Hours and rates charged by Downing and associates are reasonable and customary for similar work. | Not applicable/none stated. | Hours and hourly rates found reasonable under lodestar methodology. |
| Reasonableness of costs | Costs for records, copying, filing, postage, and faxing are reasonable and necessary. | Not applicable/none stated. | Costs awarded as reasonable in total amount. |
| Form and scope of the fee award | Award should be issued as a lump-sum payable to petitioner and counsel for attorney fees and costs. | Not applicable/none stated. | Lump-sum award to petitioner and counsel in the stated amount. |
Key Cases Cited
- Avera v. Sec’y of Health & Human Servs., 515 F.3d 134 (Fed. Cir. 2008) (lodestar method for Vaccine Act fees)
- Savin v. Sec’y of Health & Human Servs., 85 F. Cl. 313 (Fed. Cir. 2008) (contemporaneous billing records required)
- Saxton v. Sec’y of Health & Human Servs., 3 F.3d 1517 (Fed. Cir. 1993) (reasonableness of fees and auditing standards)
- Hensley v. Eckerhart, 461 U.S. 424 (Sup. Ct. 1983) (reasonableness and efficiency in fee-shifting)
- Blum v. Stenson, 465 U.S. 886 (Sup. Ct. 1984) (multiplier adjustments in fee awards)
- Perreira v. Sec’y of Health & Human Servs., 27 F.3d 234 (Fed. Cl. 1992) (reasonableness of costs and fees in Vaccine Act cases)