Prysock v. Secretary of Health and Human Services
15-1024
| Fed. Cl. | Aug 18, 2017Background
- Petitioner Cornelious Prysock filed a Vaccine Program petition alleging Guillain-Barré Syndrome from an October 22, 2012 influenza vaccine; entitlement was resolved by joint stipulation and a decision awarding compensation.
- After the merits resolution, Petitioner moved for attorney’s fees and costs: $71,613 in fees and $24,498.14 in costs.
- Respondent did not oppose entitlement to fees and costs and asked the Special Master to determine a reasonable amount.
- Counsel (Simina Vourlis, Columbus, OH) sought forum rates for attorney and paralegal time; billing showed 161.8 attorney hours and 36.5 paralegal hours.
- The Special Master applied the lodestar method, compared forum and local rates under Avera/Davis County, accepted requested attorney rates, but reduced certain paralegal rate increases for lack of justification.
- The Special Master awarded $71,466.10 in attorney’s fees (after small reductions totaling $146.90) and $24,498.14 in costs, for a total award of $95,964.24, payable jointly to Petitioner and counsel.
Issues
| Issue | Prysock's Argument | HHS's Argument | Held |
|---|---|---|---|
| Whether Petitioner is entitled to reasonable attorney’s fees and costs under the Vaccine Act | Fees and costs are recoverable; provided detailed billing and cost documentation | Agreed statutory requirements were met; deferred to Special Master on reasonableness | Awarded fees and costs; entitlement acknowledged and amount determined by Special Master |
| Appropriate hourly rates (forum vs local) | Requested forum rates for attorney and paralegal time based on counsel’s experience and prevailing rates | Respondent did not contest rates but asked Special Master to determine reasonableness | Applied forum rates for Columbus counsel; accepted requested attorney rates as reasonable |
| Whether increased paralegal rate for 2016–2017 was justified | Sought $148/hr for paralegal in 2016–2017 (up from $135) without detailed justification | Respondent did not oppose but Special Master reviewed reasonableness | Reduced paralegal rate increase for 2016 and 2017 due to lack of reasoned explanation; trimmed total fees by $146.90 |
| Reasonableness of requested costs | Sought $24,498.14 for record retrieval, expert work (life-care planner, economist), copies, postage, filing fee | No objection to reasonableness | Costs found reasonable and awarded in full ($24,498.14) |
Key Cases Cited
- Avera v. Sec’y of Health & Human Servs., 515 F.3d 1343 (Fed. Cir. 2008) (endorses lodestar method and forum-rate framework in Vaccine Program cases)
- Blum v. Stenson, 465 U.S. 886 (1984) (lodestar: hours reasonably expended times reasonable hourly rate)
- Davis Cty. v. United States, 169 F.3d 755 (Fed. Cir. 1999) (permits local-rate exception when most work is done outside forum and a very significant difference exists)
- Saxton v. Sec’y of Health & Human Servs., 3 F.3d 1517 (Fed. Cir. 1993) (special masters have wide discretion to determine reasonable fees)
- Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (award covers all legal expenses and prevents additional client charges)