Rich v. Secretary of Health and Human Services
18-353
| Fed. Cl. | Jul 1, 2021Background:
- Petitioners Brianna and Jeffrey Rich filed a Vaccine Program petition on behalf of their minor child, S.G.R., alleging April 17, 2015 DTaP vaccination caused localization-related epilepsy.
- The parties executed a stipulation resolving entitlement; the special master adopted it and awarded compensation on February 2, 2021.
- Petitioners then sought attorneys’ fees and costs totaling $83,780.06 ($70,258.50 in fees; $13,521.56 in costs), supported by contemporaneous billing and documentation (including expert work by Dr. John Gaitanis).
- Respondent did not oppose the fee request and stated the statutory requirements for fees and costs were satisfied.
- The special master applied the lodestar method, found counsel’s requested hourly rates and the hours expended reasonable, and awarded the full amount requested.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioners are entitled to reasonable attorneys’ fees and costs after a successful stipulation | Fees and costs totaling $83,780.06 are reasonable and supported by billing and documentation | Respondent did not oppose and agreed statutory requirements were met | Awarded full fees and costs totaling $83,780.06 |
| Appropriate method to calculate reasonable fees | Lodestar (hours × reasonable rate) is appropriate | Agreed lodestar governs; no objection to method | Applied lodestar approach consistent with precedent |
| Whether requested hourly rates for counsel are reasonable | Requested rates for Ms. Stadelnikas ($396–$470 for 2018–2021) are consistent with prior Vaccine Program awards | No objection | Found requested rates reasonable and awarded them |
| Whether billed hours and costs were excessive or unsupported | Billing entries are contemporaneous, specific, and reasonable; costs documented (records, filing fee, expert) | No objection | Found hours and costs reasonable and awarded full amounts |
Key Cases Cited
- Avera v. Sec’y of Health & Human Servs., 515 F.3d 1343 (Fed. Cir. 2008) (approves lodestar approach for Vaccine Act fee awards)
- Blum v. Stenson, 465 U.S. 886 (1984) (lodestar formula: reasonable hours × reasonable rate)
- Savin v. Sec’y of Health and Human Servs., 85 Fed. Cl. 313 (2008) (requires contemporaneous, specific billing records)
- Saxton v. Sec’y of Health and Human Servs., 3 F.3d 1517 (Fed. Cir. 1993) (hours that are excessive, redundant, or unnecessary should be excluded)
- Hensley v. Eckerhart, 461 U.S. 424 (1983) (fee reduction principles for excessive or duplicative hours)
- Sabella v. Sec’y of Health & Human Servs., 86 Fed. Cl. 201 (2009) (special masters may reduce fees sua sponte without prior notice)
- Broekelschen v. Sec’y of Health & Human Servs., 102 Fed. Cl. 719 (2011) (no requirement for line‑by‑line analysis when reducing fees)
- Wasson v. Sec’y of Health and Human Servs., 24 Cl. Ct. 482 (1991) (special masters may rely on program experience to evaluate fee requests)