Murphy v. Secretary of Health and Human Services
15-578
| Fed. Cl. | Nov 2, 2016Background
- Petitioner filed a Vaccine Act petition alleging SIRVA from a 9/23/2013 influenza vaccination; compensation was awarded by joint stipulation on 5/4/2016.
- Petitioner moved for attorneys’ fees and costs: $23,818.55 (fees) + $1,370.36 (costs) = $25,188.91; petitioner reported no out-of-pocket expenses.
- Respondent did not contest entitlement but suggested a reasonable fees-and-costs range of $16,000–$18,000 based on similar cases.
- Petitioner filed a reply disputing respondent’s suggested range and submitted billing records showing higher awards in comparable SIRVA matters for her counsel.
- Petitioner submitted a supplemental motion seeking $1,004.50 for time spent preparing the reply.
- The Chief Special Master reviewed the billing records, found the requested hours and rates reasonable, awarded the supplemental reply fees, and granted a lump-sum award of $26,193.41 payable jointly to petitioner and counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to attorneys’ fees and costs under the Vaccine Act | Fees and costs are recoverable after successful petition; records support request | Does not contest statutory entitlement; declines active role in fee resolution | Entitlement satisfied; fees/costs awarded |
| Reasonableness of requested amount | Billing records and firm’s past awards justify requested amount (~$25k) | Proposes a lower reasonable range ($16k–$18k) citing similar cases | Court reviewed records and found requested hours/rates reasonable; no reduction |
| Supplemental fees for preparing reply | Reply preparation time ($1,004.50) was necessary and reasonable | No detailed objection to supplemental amount | Supplemental fees awarded in full |
| Respondent’s role in fee adjudication | N/A | Respondent asserts Vaccine Act/Rule 13 do not assign respondent a role in fee resolution | Court notes respondent’s limited role but considers respondent’s statement; decision based on court’s reasonableness review |
Key Cases Cited
- Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (attorney fee award under Vaccine Act covers all fees and costs; prevents additional collection from client)