Riddle v. Secretary of Health and Human Services
15-1228
| Fed. Cl. | Dec 12, 2017Background
- Petitioner Diane Riddle filed a Vaccine Act petition alleging Guillain-Barré Syndrome caused by an influenza vaccine received August 26, 2014.
- The parties filed a joint stipulation and on November 16, 2016 the Chief Special Master awarded compensation to petitioner.
- On April 13, 2017 petitioner moved for attorneys’ fees and costs totaling $33,107.27 (fees $30,332.30; costs $2,774.97); petitioner reported no out-of-pocket expenses.
- Respondent did not contest entitlement to fees and costs and deferred to the Special Master to determine a reasonable amount.
- The Special Master reviewed billing records, found the request generally reasonable, but reduced travel-only attorney time to 50% of the counsel’s hourly rate for 11.2 hours, resulting in a $1,680 reduction.
- The Special Master awarded $31,427.27 in attorneys’ fees and costs, payable jointly to petitioner and counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to attorneys’ fees and costs | Riddle sought full reasonable fees and costs under the Vaccine Act | Government agreed statutory requirements met and left reasonableness to the Special Master | Entitlement granted; statutory requirements satisfied |
| Reasonableness of total requested amount | Requested $30,332.30 (fees) and $2,774.97 (costs) as reasonable | Respondent deferred to Special Master for reasonableness determination | Overall request found reasonable after limited reductions |
| Compensation for attorney travel time | Counsel billed full hourly rate for 11.2 hours of travel | Respondent did not object to specific rates but left allocation to Special Master discretion | Travel-only time compensated at 50% of counsel’s hourly rate; $1,680 reduction applied |
| Form and recipient of award | Requested payment to counsel/firm address | No dispute from respondent | Award ordered as a check jointly payable to petitioner and counsel |
Key Cases Cited
- Gruber v. Secretary of Health & Human Servs., 91 Fed. Cl. 773 (2010) (travel-time fee awards should be assessed case-by-case; 50% automatic reduction may be too high)
- Beck v. Secretary of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (attorney fee award covers all charges and prevents additional collection from the client)