Nieto v. Secretary of Health and Human Services
15-1504
| Fed. Cl. | May 12, 2017Background
- Petitioner Mario Reyes Nieto filed a vaccine-injury petition alleging GBS after a November 24, 2014 influenza vaccination; respondent denied causation but the parties ultimately settled.
- The special master issued a decision awarding compensation based on the parties’ stipulation on December 21, 2016.
- Petitioner then moved for attorneys’ fees and costs: $22,599.50 in fees and $5,920.47 in costs (total $28,519.97).
- Respondent did not object to specific amounts but recommended the special master exercise discretion to determine a reasonable award.
- The special master applied the lodestar method, reviewed contemporaneous billing, adjusted the 2017 hourly rate requested for petitioner’s counsel from $365 to $363, and found the requested costs reasonable.
- The special master awarded $22,591.90 in attorneys’ fees and $5,920.47 in costs, for a total award of $28,512.37 to be paid jointly to petitioner and counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to fees where petitioner prevailed | Petitioner sought fees after obtaining compensation pursuant to stipulation | Respondent did not contest entitlement; suggested special master determine a reasonable award | Fees are permitted under the Vaccine Act when a petitioner prevails; award appropriate here |
| Reasonable hourly rate for counsel (2015–2017) | Counsel requested $350/hr for 2015–2016 and $365/hr for 2017 | Respondent raised no specific rate objections, urged discretion | Adopted prior forum rates; reduced 2017 rate to $363/hr (down from $365) |
| Reasonableness of hours billed | Counsel submitted contemporaneous billing records supporting hours claimed | Respondent made no specific objection to hours; left reasonableness to special master | Special master reviewed and found the hours reasonable; awarded lodestar-based fees with only the rate adjustment |
| Reasonableness of claimed costs | Petitioner sought $5,920.47 for medical records, analysis, and shipping | Respondent raised no specific objection to costs | Costs were found reasonable and fully awarded |
Key Cases Cited
- Avera v. Secretary of Health & Human Services, 515 F.3d 1343 (Fed. Cir. 2008) (endorsing lodestar approach under the Vaccine Act)
- Blum v. Stenson, 465 U.S. 886 (U.S. 1984) (lodestar methodology for calculating reasonable attorney fees)
- Perreira v. Secretary of Health and Human Services, 27 Fed. Cl. 29 (1992) (special masters have wide discretion in fee determinations)
- Perreira v. Secretary of Health and Human Services, 33 F.3d 1375 (Fed. Cir. 1994) (affirming fee-discretion principles)
- Saxton v. Secretary of Health and Human Services, 3 F.3d 1517 (Fed. Cir. 1993) (standards for reducing excessive or redundant hours)
- Savin v. Secretary of Health and Human Services, 85 Fed. Cl. 313 (2008) (requirement for contemporaneous, specific billing records)
- Hensley v. Eckerhart, 461 U.S. 424 (U.S. 1983) (fees should exclude excessive, redundant, or unnecessary hours)
- Sabella v. Secretary of Health and Human Services, 86 Fed. Cl. 201 (2009) (special master may reduce fees sua sponte)
- Broekelschen v. Secretary of Health and Human Services, 102 Fed. Cl. 719 (2011) (no line-by-line requirement for fee reductions)
- Beck v. Secretary of Health & Human Services, 924 F.2d 1029 (Fed. Cir. 1991) (awarded fees encompass all charges; counsel may not collect additional fees beyond award)