Price v. Secretary of Health and Human Services
15-759
Fed. Cl.Oct 31, 2016Background
- Petitioner Sandra G. Price filed a Vaccine Act petition alleging arm and shoulder injuries caused by flu and Tdap vaccines administered on Sept. 10, 2014.
- The case was processed in the Special Processing Unit (SPU) and the parties reached a proffer; on July 1, 2016 the Chief Special Master awarded compensation based on that proffer.
- On July 26, 2016 petitioner filed an application for attorneys’ fees and costs seeking $13,763.34.
- Petitioner submitted a statement that she had no out-of-pocket expenses.
- Respondent filed a response stating it did not object to the overall amount sought but reserved all positions as to specific hourly rates, hours, and costs.
- The Chief Special Master reviewed the billing records, relied on experience with SPU cases, and found the overall amount reasonable, awarding $13,763.34 as a lump sum payable jointly to petitioner and counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the requested attorneys’ fees and costs are reasonable | Price requested $13,763.34 as reasonable for the work and costs incurred | Respondent did not object to the overall amount but reserved objections to specific rates/hours/costs | Granted; overall amount found reasonable given the record and SPU context |
| Whether further detailed fee analysis is required despite respondent’s limited objection | Price implicitly argued fee application adequate as submitted | Respondent asked that lack of objection not be treated as waiver of specific challenges | Not required; Special Master exercised discretion and relied on experience and review of records to approve amount |
| Form of award and payment recipient | Price sought payment of awarded fees and costs | No dispute on form of payment | Award entered as lump sum check payable jointly to petitioner and counsel |
Key Cases Cited
- Hines v. HHS, 22 Cl. Ct. 750 (Fed. Cl. 1991) (Special Masters have broad discretion to determine reasonableness of fees and costs)
- Wasson v. HHS, 24 Cl. Ct. 482 (Fed. Cl. 1991) (Special Masters may rely on their experience and understanding when evaluating fee requests)
- Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (award of fees and costs covers all attorney charges and prevents additional collection from the client)