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Paddlety v. Secretary of Health and Human Services
14-609
| Fed. Cl. | Aug 16, 2016
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Background

  • Petitioner filed a Vaccine Act petition on July 14, 2014 seeking compensation for Guillain-Barre Syndrome following a September 26, 2011 influenza vaccination.
  • On January 20, 2016, the court issued a decision awarding compensation based on the parties’ stipulation.
  • On May 25, 2016, petitioner applied for attorneys’ fees of $28,220.10 and costs of $5,473.72 (total $33,693.82).
  • Respondent filed a response on June 13, 2016, indicating no role for respondent in the award process but acknowledging the statutory requirements were met and suggesting a reasonable range based on similar cases.
  • The undersigned found the requested fees and costs reasonable, awarded the full amount requested as a lump sum payable to petitioner and counsel, and noted related issues such as life care planner costs and the non-routine nature of expert retention in SPU cases.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether petitioner is entitled to fees and costs. PaddlETY seeks full requested amounts for fees and costs. Respondent recognizes statutory entitlement but argues reasonableness governs; supports a range based on similar cases. Yes; the award is granted in full as reasonable.
Whether the hours and rates are reasonable. Billing records appear reasonable and no reductions needed. No explicit challenge to reasonableness; relies on similar cases for guidance. Yes; hours and rates deemed reasonable and not reduced.
What amount should be awarded and in what form? Requesting $33,693.82 total as a lump sum. Not challenging the total but referencing reasonable ranges from similar cases. Award of $33,693.82 as a lump sum to be paid jointly to petitioner and counsel.

Key Cases Cited

  • Beck v. Sec'y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (fee-shifting framework for Vaccine Act awards)
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Case Details

Case Name: Paddlety v. Secretary of Health and Human Services
Court Name: United States Court of Federal Claims
Date Published: Aug 16, 2016
Docket Number: 14-609
Court Abbreviation: Fed. Cl.