Purvis v. Secretary of Health and Human Services
14-1025
| Fed. Cl. | Mar 27, 2017Background
- Petitioner Christopher Purvis filed a Vaccine Act petition alleging influenza vaccine (Aug 15, 2013) caused burning in his back, abdomen, and testicles.
- Petition filed Oct 22, 2014; one-day entitlement hearing scheduled for June 29, 2017.
- On Feb 7, 2017 petitioner sought $33,818.33 in interim attorneys’ fees and costs.
- Respondent recommended the special master exercise discretion to determine a reasonable award; petitioner did not reply to that response.
- Special master noted petitioner presented no specific reasons for interim relief, petitioner incurred no personal litigation costs, and the bulk of work was already done before the hearing.
- Special master expressed uncertainty about the claim’s reasonable basis and denied interim fees; final judgment directed absent a review motion.
Issues
| Issue | Petitioner’s Argument | Respondent’s Argument | Held |
|---|---|---|---|
| Whether interim attorneys’ fees are appropriate now | Interim fees needed; award avoids undue hardship | Court should exercise discretion to determine a reasonable award (no specific support for interim relief) | Denied — petitioner failed to show undue hardship or necessity for interim award |
| Whether petitioner personally incurred costs justifying interim award | Claimed significant hardship | Respondent noted petitioner incurred no personal litigation costs | Denied — no personal costs shown to justify interim relief |
| Whether reasonable basis for claim exists sufficient to warrant interim fees | Good-faith basis asserted implicitly by filing | Respondent deferred to special master’s discretion; special master uncertain about reasonable basis pending trial | Denied — special master unsure of claim’s reasonable basis and will decide after trial |
| Whether prior precedent permits interim awards in Vaccine Program | Cites precedent allowing interim awards where undue hardship or prolonged litigation exists | Respondent acknowledges precedents but urged discretion here | Prevailing precedent permits interim awards generally, but facts here do not meet standards for an award |
Key Cases Cited
- Avera v. Secretary of Health and Human Services, 515 F.3d 1343 (Fed. Cir. 2008) (permits interim fee awards under the Vaccine Act)
- Shaw v. Secretary of Health and Human Services, 609 F.3d 1372 (Fed. Cir. 2010) (interim fees appropriate where undue hardship and good-faith claim exist)
- McKellar v. Secretary of Health and Human Services, 101 Fed. Cl. 297 (Fed. Cl. 2011) (discusses circumstances permitting interim awards in protracted or costly cases)