Renfroe v. Secretary of Health and Human Services
16-156
| Fed. Cl. | May 3, 2017Background
- Petitioner Joseph T. Renfroe filed a Vaccine Program petition alleging Guillain–Barré Syndrome from a May 7, 2014 Tdap vaccine (filed Feb. 2, 2016).
- The parties filed and the Special Master adopted a stipulation for damages on October 13, 2016 resolving entitlement and damages.
- Petitioner moved for final attorney’s fees and costs on March 30, 2017, seeking $22,578.66 ($19,784.50 in fees; $2,794.16 in costs); Petitioner confirmed no out-of-pocket costs.
- Respondent stated the statutory requirements for an award were satisfied and deferred to the Special Master on the amount, making no specific objections to the requested sum.
- The Special Master found the requested total reasonable and awarded $22,578.66, payable jointly to Petitioner and counsel Susan Cremer, Esq., without resolving the forum-rate question for counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to attorneys’ fees and costs under Vaccine Program | Fees and costs are recoverable after resolution of claim by stipulation | Statutory requirements satisfied; no opposition to award | Award of fees and costs permitted and appropriate |
| Reasonableness of total amount requested | $22,578.66 is reasonable for work and costs incurred | Did not contest amount; deferred to Special Master’s discretion | Special Master approved the full requested amount |
| Appropriate hourly/forum rate for counsel | Counsel requested $350/hr, citing forum rates (McCulloch) | Respondent raised no specific objection to amount requested | Special Master did not decide the forum-rate issue and awarded requested sum without resolving Avera test applicability |
| Form of payment and entry of judgment | Joint check to petitioner and counsel; request for clerk to enter judgment | No objection; Respondent noted rule for expedited judgment renunciation | Judgment to be entered; payment ordered jointly to Petitioner and counsel |
Key Cases Cited
- Avera v. Secretary of Health & Human Services, 515 F.3d 1343 (Fed. Cir. 2008) (sets the Federal Circuit test for awarding forum rates to Vaccine Program counsel)