Reid v. Secretary of Health and Human Services
14-1233
| Fed. Cl. | Jul 10, 2017Background
- Petitioners Michael and Jamie Reid filed a Vaccine Program claim on behalf of their son M.R., alleging an arterial ischemic stroke after a DTaP vaccination.
- Parties filed a joint stipulation of dismissal and the case was dismissed without prejudice.
- Petitioners sought attorneys’ fees of $48,030.00 and costs of $3,430.09 after dismissal.
- Respondent did not object to the specific amounts but asked the Special Master to exercise discretion in determining a reasonable award.
- Counsel (Jack Grewer) practiced from Yorkville, IL (Kendall County); petitioners supplied evidence that Yorkville is part of the greater Chicago metropolitan area and forum rates therefore apply.
- Special Master awarded forum hourly rates ($300/hr for Grewer), reduced the requested fees by 15% because counsel billed attorney rates for clerical/paralegal tasks, and awarded full requested costs, for a total award of $44,255.59.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioners are entitled to attorneys’ fees and costs after dismissal | Petitioners sought fees and costs under the Vaccine Act, asserting good faith and reasonable basis for the claim | Respondent acknowledged statutory requirements were met and deferred to Special Master to set a reasonable award | Fees and costs awarded (fees reduced for billing practices); total $44,255.59 awarded |
| Whether forum (Chicago) rates apply to counsel in Yorkville, IL | Counsel argued Yorkville is in greater Chicago metro area; submitted evidence supporting forum rates | Respondent did not contest forum-rate evidence and asked Special Master to exercise discretion | Forum rates applied because Kendall County is part of Chicago metro area |
| Appropriate hourly rate for counsel with Grewer’s experience | Counsel requested a rate consistent with McCulloch forum ranges for experience | Respondent did not contest; Special Master evaluated McCulloch schedule and experience in Vaccine Program | $300/hr awarded (lower end of McCulloch range for his experience and first Vaccine Program case) |
| Reasonableness of billed hours and task-level billing | Petitioners submitted time entries totaling fees requested; billed all work at attorney rate | Respondent did not lodge specific objections but asked Special Master to exercise discretion | 15% reduction of requested attorneys’ fees due to billing attorney-level rates for clerical/administrative tasks; costs for experts/records fully allowed |
Key Cases Cited
- Avera v. Sec’y of Health & Human Servs., 515 F.3d 1343 (Fed. Cir. 2008) (endorses lodestar approach for Vaccine Act fees)
- Blum v. Stenson, 465 U.S. 886 (U.S. 1984) (defines reasonable hourly rate as prevailing community rate)
- Sebelius v. Cloer, 133 S. Ct. 1886 (U.S. 2013) (clarifies fee entitlement when petitioner prevails on merits)
- Davis Cty. Solid Waste Mgmt. v. U.S. EPA, 169 F.3d 755 (D.C. Cir. 1999) (articulates exception for local rates where most work done outside forum and large rate disparity)
- Broekelschen v. Sec’y of Health & Human Servs., 102 Fed. Cl. 719 (Fed. Cl. 2011) (upholds Special Master reductions and explains no requirement for line-by-line analysis)
- Hensley v. Eckerhart, 461 U.S. 424 (U.S. 1983) (reasonableness standard for hours expended; exclude excessive or redundant time)