Ramirez v. Secretary of Health and Human Services
16-1180
| Fed. Cl. | Jul 22, 2021Background
- Petitioner Cynthia Ramirez, as next friend of minor C.R., alleged that DTaP/IPV and varicella vaccines administered on August 14, 2014 caused C.R. to suffer transverse myelitis.
- The case was referred to ADR in February 2019, removed from ADR in May 2019, and resolved by stipulation; a decision awarding compensation was issued October 21, 2020.
- Petitioner moved for final attorneys’ fees and costs on May 21, 2021, incorporating a prior interim request for mediator fees for former Chief Special Master Gary Golkiewicz.
- Requested amounts: $60,750.00 in attorneys’ fees; $27,951.46 in attorneys’ costs (including $19,161.72 for a life‑care plan and $2,062.00 for Dr. Steinman); and $11,064.81 for mediation services.
- Respondent deferred to the special master's discretion and asked the court to determine a reasonable award.
- Special Master Gowen found the hourly rate, hours, and submitted costs reasonable and awarded the full amounts: $60,750.00 (fees) and $27,951.46 (costs) paid to petitioner and counsel, plus $11,064.81 paid to Golkiewicz for mediation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to fees and costs | Because the petition resulted in compensation, Ramirez is entitled to reasonable fees and costs under the Vaccine Act. | Respondent deferred and asked the Court to exercise discretion to determine a reasonable award. | Award granted: petitioner entitled to reasonable fees and costs; court exercises statutory duty to award them. |
| Hourly rate and hours billed | Mr. Daley requested $325/hr for 2019–2021 and submitted detailed billing; hours were reasonable given case complexity. | No challenge to the requested rate/hours; respondent left reasonableness to the court. | Rate and total hours found reasonable; $60,750.00 awarded in attorneys’ fees. |
| Litigation costs (experts, life‑care plan, guardianship, copying) | Costs totaling $27,951.46 (including $19,161.72 life‑care plan and $2,062 expert balance) are supported by documentation and are related to the case. | Respondent did not contest specific costs, asked court to evaluate reasonableness. | All requested litigation costs were supported and awarded in full ($27,951.46). |
| Mediation fees for former Chief Special Master | Petitioner sought $11,064.81 for mediator services and travel; invoice and receipts provided. | No objection; respondent left determination to court. | Mediation fees awarded in full ($11,064.81) and incorporated into the final award. |
Key Cases Cited
- Wasson v. Sec'y of Health & Human Servs., 24 Cl. Ct. 482 (1993) (petitioner bears burden to establish reasonableness of hours, rates, and expenses)
- Perreira v. Sec'y of Health & Human Servs., 27 Fed. Cl. 29 (1992) (expenses reimbursable only if reasonable)
- Savin v. Sec'y of Health & Human Servs., 85 Fed. Cl. 313 (2008) (special master has discretion to reduce fee awards)
- Sabella v. Sec'y of Health & Human Servs., 86 Fed. Cl. 201 (2009) (special master may reduce fees sua sponte)