Putnam v. Secretary of Health and Human Services, 16-1273

Petitioner Staci Putnam filed a Vaccine Program petition as personal representative for the estate of A.B., alleging the 2014 influenza vaccine caused CIDP and death.
Petitioner filed some medical records but missed deadlines for completing the record; delays prompted an Order to Show Cause and substitution of counsel.
Original counsel Scott Rooney moved to substitute in as attorney on June 21, 2017 and simultaneously sought interim attorneys’ fees and costs totaling $19,323.05.
Respondent opposed interim fees at this stage and argued the requested amount was high but did not dispute good faith or reasonable basis for the claim; recommended Special Master exercise discretion on amount if award appropriate.
The Special Master found interim fees appropriate due to potential undue hardship on counsel and awarded $15,817.50 in fees and $3,505.55 in costs, to be paid jointly to petitioner and counsel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether interim attorneys’ fees and costs are appropriate	Rooney: interim award necessary to avoid undue hardship on counsel given uncertain, protracted proceedings	HHS: interim fees premature; amount requested too high but did not contest good faith or basis	Award appropriate; undue hardship on counsel and discretion support interim award
Whether petitioner demonstrated good faith and reasonable basis for claim	Petitioner did not contest these points and relied on the underlying filing and records	Respondent did not dispute good faith or reasonable basis	Good faith and reasonable basis found; requirement for fee award satisfied
Appropriate hourly rates for counsel and paralegal	Rooney requested $300/hr for attorneys and $55/hr for paralegal based on prior awards/local practice	Respondent challenged amount generally but did not contest these rates specifically	Special Master approved $300/hr for attorneys and $55/hr for paralegal
Whether requested hours and costs were reasonable	Rooney submitted time records totaling 66.2 hours (including 12.4 probate hours) and itemized costs	Respondent did not object to total time; argued generally fees too high	Special Master found hours and costs reasonable and awarded full amounts

Shaw v. Secretary of Health & Human Services, 609 F.3d 1372 (Fed. Cir. 2010) (interim fees appropriate when litigation costs create undue hardship and claim has good-faith basis)
Avera v. Secretary of Health & Human Services, 515 F.3d 1343 (Fed. Cir. 2008) (lodestar method and factors for interim fees; protracted proceedings and costly experts relevant)
Cloer v. Secretary of Health & Human Services, 675 F.3d 1358 (Fed. Cir. 2012) (Congress intended interim fees to be available under Vaccine Act)
Woods v. Secretary of Health & Human Services, 105 Fed. Cl. 148 (Fed. Cl. 2012) (awards of interim fees to original counsel when new counsel represents petitioner)
Davis County Solid Waste Mgmt. & Energy Recovery Special Serv. Dist. v. EPA, 169 F.3d 755 (D.C. Cir. 1999) (Davis exception on use of local rates vs. forum rates)
Blum v. Stenson, 465 U.S. 886 (U.S. 1984) (lodestar formula: reasonable hours times reasonable rate)