Reyburne v. Secretary of Health and Human Services
15-1325
| Fed. Cl. | Apr 20, 2017Background
- Petitioner filed a Vaccine Act petition alleging brachial neuritis caused by an influenza vaccine (filed Nov. 5, 2015).
- The parties stipulated to damages and the special master awarded $105,000 on Sept. 13, 2016.
- Petitioner moved for attorneys’ fees and costs on Feb. 28, 2017 seeking $46,717.55 (fees/costs $46,517.55; personal costs $200).
- Respondent agreed statutory requirements for fees were met and deferred to the special master on a reasonable amount.
- The special master reviewed contemporaneous billing records and found most fees reasonable but concluded time billed for 2015 (116.1 hours; $28,033.50) was excessive given the tasks (medical‑record review and drafting an 11‑page petition from 1,445 pages of records).
- The special master reduced the 2015 attorney fees by 50% (a $14,016.75 reduction) and awarded $32,500.80 in attorneys’ fees and costs (joint check to petitioner and counsel) plus $200 to petitioner.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to fees under the Vaccine Act | Petitioner sought fees after receiving compensation. | Respondent acknowledged statutory entitlement and deferred to court on amount. | Fees are proper under 42 U.S.C. §300aa‑15; respondent agreed. |
| Reasonableness of hourly rates | Counsel submitted contemporaneous entries and sought full billed amount. | Respondent challenged none substantively but asked special master to determine reasonableness. | Lodestar framework applied to determine reasonable fees. |
| Reasonableness of hours (2015 billing) | Counsel billed 116.1 hours for 2015 tasks (record review, petition drafting). | Respondent did not press a specific objection but allowed special master review. | Special master found 116.1 hours excessive for the work and reduced 2015 hours by 50%. |
| Amount and form of award | Requested $46,717.55 total. | Respondent recommended court exercise discretion. | Awarded $32,500.80 to be paid jointly to petitioner and RawlsMcNelis and $200 to petitioner. |
Key Cases Cited
- Avera v. Sec'y of HHS, 515 F.3d 1343 (Fed. Cir. 2008) (approves lodestar method for Vaccine Act fee awards)
- Blum v. Stenson, 465 U.S. 886 (1984) (establishes lodestar computation: hours × reasonable rate)
- Hensley v. Eckerhart, 461 U.S. 424 (1983) (hours that are excessive, redundant, or unnecessary should be excluded)
- Saxton ex rel. Saxton v. Sec'y of HHS, 3 F.3d 1517 (Fed. Cir. 1993) (special masters may reduce hours based on experience and judgment)
- Perreira v. Sec'y of HHS, 27 Fed. Cl. 29 (1992) (special masters have wide discretion in awarding fees)