Quibodeaux v. Secretary of Health and Human Services
16-286
| Fed. Cl. | Sep 22, 2017Background
- Petitioner Emily Claire Fontenot Quibodeaux filed a Vaccine Act petition alleging her son R.H.Q. developed encephalopathy and died after receiving multiple childhood vaccines on February 25, 2013.
- The parties stipulated to compensation, and Chief Special Master Dorsey issued a decision awarding compensation on November 22, 2016.
- Petitioner then filed a motion for attorneys’ fees and costs seeking $38,230.00 in fees and $8,489.30 in costs (total $46,719.30).
- Respondent stated she plays no adjudicative role in fee awards but agreed the statutory requirements for an award were met and deferred to the Special Master’s discretion.
- The Special Master reviewed submitted billing records, found the requested hours and rates reasonable, but reduced costs by $300 for a missing/duplicative probate filing receipt.
- The Special Master awarded a lump sum of $46,419.30 (fees and costs combined) jointly payable to petitioner and counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to attorneys’ fees and costs under Vaccine Act § 15(e) | Fees and costs are recoverable because petitioner prevailed via stipulation | Respondent: has no role in fee determination but agrees statutory requirements satisfied | Awarded fees and costs; statutory requirements met |
| Reasonableness of hourly rates and billed hours | Counsel submitted affidavit and billing records supporting rates/hours | Respondent raised no objection to reasonableness | Special Master found rates/hours reasonable; no reductions |
| Supporting documentation for costs | Petitioner submitted invoices but omitted one receipt for $300 probate filing fee | Respondent did not press issue beyond general concurrence | Costs reduced by $300 due to missing/duplicative invoice |
| Form and recipient of award | Petitioner requested lump-sum payment | Respondent had no objection | Awarded $46,419.30 as lump sum payable jointly to petitioner and counsel |
Key Cases Cited
- Beck v. Sec'y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (attorney may not charge or collect fees in addition to amount awarded under Vaccine Act)