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