Ramsay v. Secretary of Health and Human Services
11-549
| Fed. Cl. | Dec 20, 2017Background
- Petitioner Donna Ramsay filed a vaccine-injury petition alleging sJIA caused by two HPV vaccinations in 2008; entitlement was previously awarded and damages entered.
- Petitioner sought attorneys’ fees of $48,235.00 and costs of $87,847.86 following the favorable damages decision.
- Respondent did not dispute entitlement to fees and costs, leaving reasonableness and amount to the special master's discretion.
- Petitioner’s counsel (Leigh O’Dell) sought $275/hr for attorney work (2011–2017) and full rate for travel time in 2013; 175.4 attorney hours were billed.
- Petitioner sought $200/hr for an expert (Vargas Vocational Consulting) including some administrative time billed at the expert rate.
- The special master applied the lodestar approach, reduced travel time to half-rate when unsupported by work performed while traveling, and reduced expert pay for administrative tasks to a paralegal rate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Appropriate hourly rate for attorney (forum rate) | O’Dell asked $275/hr for 2011–2017 based on experience | Respondent did not contest reasonableness; deferred to master’s discretion | $275/hr awarded for O’Dell (within forum ranges for experience) |
| Attorney travel time rate | O’Dell requested full $275/hr for travel in 2013 | Respondent silent on specifics; reserved master’s discretion | Travel time reduced to half rate ($137.50/hr); 16.5 travel hours reduced, saving $2,268.75 |
| Reasonableness of hours billed | 175.4 hours by O’Dell; contemporaneous records provided | Respondent raised no objection | All billed hours found reasonable and awarded in full |
| Expert billing for administrative tasks | Expert billed $200/hr for both expert work and administrative tasks (3.4 hrs) | Respondent did not object to overall costs; master to determine reasonableness | Administrative tasks billed at reduced paralegal rate $145/hr; reduction of $187 applied |
Key Cases Cited
- Avera v. Secretary of Health & Human Servs., 515 F.3d 1343 (Fed. Cir.) (approves lodestar approach for Vaccine Act fee awards)
- Blum v. Stenson, 465 U.S. 886 (U.S.) (reasonable fee = hours reasonably expended × reasonable hourly rate)
- Saxton v. Secretary of Health & Human Servs., 3 F.3d 1517 (Fed. Cir.) (special masters have wide discretion to determine fee reasonableness)
- Beck v. Secretary of Health & Human Servs., 924 F.2d 1029 (Fed. Cir.) (fee awards encompass all charges and preclude additional collection beyond awarded amount)
- Gruber v. Secretary of Health & Human Servs., 91 Fed. Cl. 773 (Fed. Cl.) (permits awarding half attorney rate for travel when no work performed while traveling)
- Perreira v. Secretary of Health & Human Servs., 27 Fed. Cl. 29 (Fed. Cl.) (fee/cost reimbursement must be reasonable)
- Savin v. Secretary of Health & Human Servs., 85 Fed. Cl. 313 (Fed. Cl.) (fee applications must include contemporaneous, specific billing records)
- Hines v. Secretary of Health & Human Servs., 22 Cl. Ct. 750 (Ct. Cl.) (reviewing court grants special masters wide latitude on fee reasonableness)