Noonan v. Secretary of Health and Human Services
13-430
| Fed. Cl. | Oct 27, 2017Background
- Petitioner Tina Noonan filed a Vaccine Act petition alleging demyelinating polyneuropathy after a hepatitis B vaccine (filed June 27, 2013).
- The parties stipulated to compensation, and Special Master issued an entitlement decision on March 27, 2017.
- Petitioner sought attorneys’ fees of $45,034.40 and costs of $42,649.94 (total $87,684.34); counsel reported no out-of-pocket expenses by petitioner.
- Respondent did not object to specific amounts but asked the Special Master to exercise discretion to determine a reasonable award.
- Special Master Roth reviewed hourly rates, adjusted counsel’s requested forum rates for 2016–2017, found some billing excessive/duplicative and vague, reduced fees by recalculating rates and applying a 10% reduction to hours, and awarded full requested costs as reasonable.
- Final award: $83,037.62 total — $40,387.68 in attorneys’ fees and $42,649.94 in costs, payable jointly to petitioner and counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to attorneys’ fees and costs | No separate dispute; petitioner sought fees after prevailing on stipulation | Respondent: no specific objections; left amount to Special Master’s discretion | Fees and costs may be awarded; Special Master computes a reasonable amount under the Vaccine Act |
| Appropriate hourly rates (forum rates) | Counsel requested hourly forum rates for years 2013–2017 (varying amounts) | Respondent did not contest specific rates; urged Special Master to exercise discretion | Forum rates applied; adjusted counsel’s requested rates for 2016–2017 to $300 and $307 respectively; awarded $295 (2013–2015), $300 (2016), $307 (2017) |
| Reasonableness of hours billed (duplicative, administrative, vague entries) | Counsel submitted detailed time entries totaling requested fees | Respondent raised no itemized objections but asked Special Master to determine reasonableness | Special Master found excessive/duplicative and vague entries, recalculated using awarded rates, then reduced the fee award by 10%; resulting attorneys’ fees awarded: $40,387.68 |
| Reasonableness of costs (medical records, expert, travel, shipping, research) | Requested $42,649.94 in costs (including expert fees ~$37k) | Respondent raised no specific objection | All requested costs were found reasonable and awarded in full ($42,649.94) |
Key Cases Cited
- Avera v. Secretary of Health & Human Services, 515 F.3d 1343 (Fed. Cir.) (endorsing lodestar approach for Vaccine Act fee awards)
- Blum v. Stenson, 465 U.S. 886 (U.S.) (lodestar formula: hours multiplied by reasonable hourly rate)
- Hensley v. Eckerhart, 461 U.S. 424 (U.S.) (hours that are excessive, redundant, or unnecessary should be excluded)
- Saxton ex rel. Saxton v. Secretary of Health & Human Services, 3 F.3d 1517 (Fed. Cir.) (special master discretion to reduce hours to reasonable amount)
- Sebelius v. Cloer, 133 S. Ct. 1886 (U.S.) (award of attorneys’ fees is automatic for successful petitioners under the Vaccine Act)