Reed v. Secretary of Health and Human Services, 08-650

Petitioners Eric and Jeanna Reed filed a vaccine-injury petition on behalf of their minor child I.R. (filed Sept. 15, 2008; amended Feb. 6, 2012 and Mar. 16, 2015) alleging significant aggravation of a mitochondrial disorder from a December 30, 2005 Proquad vaccination.
Parties entered a stipulation (filed July 27, 2016) resolving an interim attorneys’ fees and costs request.
Petitioners requested an interim award of $250,000 for attorneys’ fees and litigation costs; Respondent did not object to that amount.
The stipulation emphasized that the agreed amount does not admit or concede the reasonableness of specific hourly rates, hours billed, or other litigation costs, and the interim payment will be credited against a final fee award.
Chief Special Master Dorsey found entitlement to an interim fee award appropriate under Program precedent and awarded $250,000 payable jointly to petitioners and counsel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether an interim award of attorneys’ fees and costs is warranted	Reed argued litigation costs imposed undue hardship and there was a good-faith basis for the claim, justifying interim fees	HHS did not object to the specific interim amount and stipulated to the award	Interim award of $250,000 granted as reasonable and deductible from final award
Whether the stipulated amount constitutes admission on hourly rates or hours	Reed reserved claims about reasonableness of rates/hours for final award despite accepting interim payment	HHS stipulated that the amount should not be construed as admission on rates/hours	Stipulation’s non-admission language accepted; interim payment not a concession on fee reasonableness
Whether interim payment should be credited against final award	Reed requested interim payment to be applied to final award	HHS agreed the interim amount would be deducted from any final award	Court ordered $250,000 to be deducted from the eventual final attorneys’ fees award
Whether judgment should be entered promptly following stipulation	Reed sought expedited entry consistent with Vaccine Rule procedures	HHS joined in renouncing review to expedite entry	Clerk ordered judgment entry absent motion for review; judgment to be entered per stipulation

Shaw v. Sec’y of Health & Human Servs., 609 F.3d 1372 (Fed. Cir. 2010) (approving interim fee awards where litigation costs cause undue hardship and claim has good-faith basis)
Avera v. Sec’y of Health & Human Servs., 515 F.3d 1343 (Fed. Cir. 2008) (interim attorneys’ fees may be awarded under Vaccine Program in appropriate circumstances)