Poulignot-Gartner v. Secretary of Health and Human Services
15-869
| Fed. Cl. | Apr 3, 2017Background
- Petitioner Stacy Poulignot-Gartner alleged that an influenza vaccine caused transverse myelitis and related neurological injuries and accepted compensation via a stipulation; a decision awarding compensation was filed August 22, 2016.
- After the merits were resolved, Petitioner moved for attorneys’ fees and costs: $25,611.50 in fees and $1,528.97 in costs (filed Feb. 2, 2017).
- Respondent did not object to entitlement or specific rates/hours and stated statutory requirements for an award were met.
- Petitioner’s counsel, Maximillian J. Muller, billed $255/hr (2014–early 2016), $275/hr (from June 2016), and paralegal time at $125/hr; total hours billed were 103.3 attorney hours (split by rate) and 9.9 paralegal hours.
- The special master reviewed reasonableness under the lodestar approach (Avera): accepted the hourly rates as reasonable but reduced certain attorney-billed entries to paralegal rate where tasks were duplicative or appropriate for paralegal delegation.
- The special master awarded $25,078.50 in attorneys’ fees and $1,528.97 in costs, totaling $26,607.47, to be paid to petitioner and counsel jointly.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to fees and costs | Poulignot-Gartner sought fees/costs after receiving compensation. | Respondent agreed statutory requirements for an award were met. | Entitlement: granted under Vaccine Act § 15(e). |
| Reasonableness of hourly rates | Counsel requested $255 and $275 for attorney, $125 for paralegal; these rates supported by prior decisions and McCulloch matrix. | Respondent raised no specific objection to the rates. | Rates accepted as reasonable. |
| Reasonableness of billed hours / delegation | Requested hours reflected counsel and paralegal time; petitioner defended hours as reasonable. | Respondent did not specifically contest hours but left review to the special master. | Reduced some attorney-billed entries to paralegal rate where tasks were suitable for paralegal, yielding a lower fee award. |
| Recovery of litigation costs | Petitioner sought documented costs of $1,528.97. | Respondent did not contest costs. | Costs awarded in full as reasonable and documented. |
Key Cases Cited
- Avera v. Sec’y of Health & Human Servs., 515 F.3d 1343 (Fed. Cir. 2008) (approves lodestar two-step approach for Vaccine Act fee awards)
- Blum v. Stenson, 465 U.S. 886 (1984) (establishes lodestar formula: reasonable hours × reasonable rates)
- Saxton v. Sec’y of Health & Human Servs., 3 F.3d 1517 (Fed. Cir. 1993) (hours must not be excessive, redundant, or unnecessary)