Peddada v. Secretary of Health and Human Services
17-426
| Fed. Cl. | Oct 20, 2017Background
- Petitioner S. Peddada filed a Vaccine Act petition alleging a right shoulder injury (SIRVA) from a November 13, 2015 influenza vaccination.
- Vaccine administration record documented the shot in the left deltoid; petitioner’s contemporaneous medical records describe right shoulder pain beginning January 8, 2016 after reaching for a low volley in tennis.
- Petitioner’s medical records consistently attributed symptoms to the tennis incident; only on April 20, 2016 did she first report to Dr. Tonkin that symptoms began immediately after the flu shot.
- No medical expert report was filed to connect a left-arm vaccine to a right-shoulder injury, and no records show an adverse reaction to the vaccine.
- Petitioner voluntarily moved to dismiss on July 11, 2017; judgment entered July 13, 2017. Petitioner then sought attorneys’ fees and costs of $17,880.38.
- Respondent opposed fees, arguing the claim lacked a reasonable basis given the medical records and vaccine administration entry; special master denied fees and costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioner is entitled to attorneys’ fees and costs under 42 U.S.C. § 300aa-15(e) | Petition had reasonable basis because petitioner’s statements and credentials supported the claim; record discrepancies could be human error | No reasonable basis: vaccine record shows left deltoid, petitioner’s records show right-arm onset after tennis; no expert linking left-arm shot to right shoulder | Fees and costs denied — good faith presumed but reasonable-basis requirement not met |
| Whether counsel performed adequate pre-filing investigation | Counsel relied on petitioner’s account and affidavit; filed within statute of limitations window | Counsel had ample time to investigate and should have discovered inconsistencies in records before filing | Counsel failed to show due diligence; lack of timely investigation undercuts reasonable basis |
Key Cases Cited
- Sebelius v. Cloer, 133 S. Ct. 1886 (Sup. Ct.) (fees may be awarded only if petition brought in good faith and with reasonable basis)
- McKellar v. Sec’y of HHS, 101 Fed. Cl. 297 (Fed. Cl.) (reasonableness of basis is objective, assessed by totality of circumstances)
- Chuisano v. United States, 116 Fed. Cl. 276 (Fed. Cl.) (denial of fees appropriate where counsel lacked diligence and reasonable basis)
- Grice v. Sec’y of HHS, 36 Fed. Cl. 114 (Fed. Cl.) (petitioners entitled to presumption of good faith)
- Rehn v. Sec’y of HHS, 126 Fed. Cl. 86 (Fed. Cl.) (counsel must actively investigate before filing; failure can negate reasonable basis)