Pelton v. Secretary of Health and Human Services
14-674
| Fed. Cl. | Aug 7, 2017Background
- Petitioner Lindsey Pelton filed a Vaccine Act petition (pro se) on behalf of her deceased son, alleging vaccines administered August 23, 2012 caused his death on August 24, 2012. Attorney Patricia Finn substituted in March 2015.
- Medical records and expert reports were filed after counsel appeared; petitioner obtained an expert (Dr. Laurel Waters) offering a vaccine‑causation theory opposing the autopsy cause of death.
- The special master issued a Rule 5 Order on July 19, 2016 finding no reasonable basis for the claim and warning no fees would be paid going forward; the petition was dismissed by decision on February 2, 2017.
- Petitioner nevertheless filed a fees application seeking $34,665.77 (attorneys’ fees and costs, later adjusted), seeking reimbursement despite losing the substantive claim.
- The Government argued no reasonable basis existed and opposed an award; the special master found the claim was filed in good faith and had reasonable basis until the Rule 5 Order, but substantially reduced the requested fees and costs.
- The special master awarded a total of $24,265.96 (split between $8,788.94 in attorneys’ fees and $15,477.02 in costs), deducting amounts for excessive rates, non‑compensable post‑Rule 5 work, block/clerical billing, and reductions to the expert fee.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Good faith of filing | Claim filed sincerely that vaccines caused child’s death | Did not contest good faith; focused on lack of reasonable basis | Good faith found (subjective standard) |
| Reasonable basis to pursue claim | Case had medical opinions and an expert report supporting causation; lowered bar given pro se filing | No objective reasonable basis; fees should be denied | Reasonable basis existed through July 19, 2016 (until Rule 5 Order); fees compensable for that period only |
| Appropriate hourly rates | Requested higher rates for attorney, paralegal with JD, and nurse consultant | Respondent did not contest rates but court must apply forum schedule | Attorney awarded $316/hr for 2015–2016; paralegal awarded forum rates ($135/$138); nurse consultant $125/hr |
| Compensable time and expert fees | Sought compensation for all billed time and expert hours/costs | Fees not recoverable after Rule 5 Order except for necessary wrap‑up; expert hours/rate unreasonable or inadequately documented | Reduced fees: eliminated non‑winding up post‑Rule 5 work, disallowed clerical/block/duplicative entries, reduced expert to $400/hr and deducted hours; overall reductions produced final award |
Key Cases Cited
- Sabella v. Secretary of Health & Human Services, 86 Fed. Cl. 201 (Fed. Cl. 2009) (special master may reduce fee awards sua sponte)
- Savin v. Secretary of Health & Human Services, 85 Fed. Cl. 303 (Fed. Cl. 2008) (fee award reductions and review of billed time)
- McKellar v. Secretary of Health & Human Services, 101 Fed. Cl. 297 (Fed. Cl. 2011) (petitioner must affirmatively demonstrate reasonable basis)
- Grice v. Secretary of Health & Human Services, 36 Fed. Cl. 114 (Fed. Cl. 1996) (presumption of good faith absent evidence to the contrary)
- Perreria v. Secretary of Health & Human Services, 27 Fed. Cl. 29 (Fed. Cl. 1992) (reasonableness review of costs and fees)
- Avera v. Secretary of Health & Human Services, 515 F.3d 1343 (Fed. Cir. 2008) (court may depart from forum rate schedule based on specific findings)