Quackenbush-Baker v. Secretary of Health and Human Services
14-1000
| Fed. Cl. | Dec 14, 2016Background
- Petitioner Erin Quackenbush-Baker filed a Vaccine Act petition alleging significant aggravation of preexisting, asymptomatic multiple sclerosis after a 2013 influenza vaccination; an entitlement hearing was scheduled for February 2017.
- On April 5, 2016 petitioner moved for interim attorneys’ fees and costs totaling $107,195.06 (fees $95,204.50; costs $11,990.56).
- Respondent deferred to the Special Master on entitlement to interim fees but argued that a reasonable interim award given the case posture would be $35,000–$40,000.
- The Special Master found the petition brought in good faith with a reasonable basis and that interim fees were appropriate given protracted litigation and retained expert work.
- The Special Master applied the lodestar method, adjusted forum hourly rates (using prior decision precedent and annual increases), reduced billed hours by 5% for lack of specificity and an extra 0.20 hour, and approved requested costs as reasonable.
- The Special Master awarded attorneys’ fees of $82,981.86 and costs of $11,990.56, for a total interim award of $94,972.42, payable jointly to petitioner and counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether interim attorneys’ fees are appropriate | Interim award justified because litigation is prolonged and costly experts were retained | Defer to Special Master; suggested overall reasonable range of $35,000–$40,000 if award made | Interim fees appropriate: petition in good faith with reasonable basis; award granted |
| Appropriate hourly rates | Requested $400 (2013), $415 (2014–15), $430 (2016) for Curtis Webb; $100 (2015) for paralegal | Suggested reduction by special master discretion; no specific alternative rate proposed | Adopted forum rates from prior decision: $373.75 (2013), $387.50 (2014–15), $401.75 (2016) for Curtis Webb; $50 for Alexander Webb |
| Reasonable hours / billing entries | Submitted 221.10 hours (Curtis Webb) and 33.40 hours (Alexander Webb) with contemporaneous records | Urged reduced award consistent with other interim awards and reasonableness review | Reduced total hours by 5% for lack of specificity and deducted additional 0.20 hour; resulting compensated hours calculated and applied |
| Recoverable costs | Requested $11,990.56 (expert reports, filing fee, records, article copies) | Did not contest specific costs but urged overall reasonableness review | Costs approved in full as reasonable |
Key Cases Cited
- Avera v. Secretary of Health & Human Servs., 515 F.3d 1343 (Fed. Cir. 2008) (approves lodestar and recognizes appropriateness of interim fees in protracted, expert-intensive cases)
- Shaw v. Secretary of Health & Human Servs., 609 F.3d 1372 (Fed. Cir. 2010) (permits interim fees where litigation imposes undue hardship and claim has good-faith basis)
- Sebelius v. Cloer, 133 S. Ct. 1886 (2013) (statutory standard for interim fees requires good faith and reasonable basis)
- Blum v. Stenson, 465 U.S. 886 (1984) (lodestar formula: reasonable hours × reasonable rate)
- Saxton v. Secretary of Health & Human Servs., 3 F.3d 1517 (Fed. Cir. 1993) (special master discretion in fee determinations and reliance on experience)