Rodgers v. Secretary of Health and Human Services
15-1238
Fed. Cl.Oct 20, 2017Background
- Petitioner Paul R. Rodgers filed a Vaccine Act claim alleging Guillain–Barré syndrome caused by an influenza vaccination administered October 9, 2014.
- The parties filed a joint stipulation and the Chief Special Master awarded compensation on January 3, 2017.
- Petitioner then moved for attorneys’ fees and costs: $39,909.00 in fees and $6,560.41 in costs (total $46,469.41).
- Respondent did not oppose entitlement to fees and costs and recommended the Special Master exercise discretion to determine a reasonable award.
- The Special Master reviewed billing records, applied forum rates consistent with a prior Special Master decision (Henry), and evaluated customary reductions for travel time and for certain 2016 law clerk/paralegal rates.
- The Special Master reduced attorney travel time by 50% and adjusted 2016 paralegal/law clerk rates, resulting in an award of $44,066.41 to be paid jointly to petitioner and counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioner is entitled to an award of attorneys’ fees and costs after a stipulated favorable decision | Rodgers sought reasonable attorneys’ fees and costs incurred prosecuting his Vaccine Act claim | Respondent conceded statutory requirements for an award were met and deferred to the Special Master’s discretion on amount | Award of attorneys’ fees and costs granted; statutory entitlement accepted and amount determined by Special Master |
| Proper compensation for attorney travel time | Counsel billed full hourly rates for travel totaling 13.0 hours | Respondent not contesting but recommended Special Master discretion; precedent supports reduced travel compensation | Travel time reduced to 50% of billing rate (resulting in $2,307.50 reduction) |
| Appropriate hourly rates for paralegals and law clerks (2016–2017 entries) | Counsel billed paralegals/law clerks at rates consistent with forum rates requested | Respondent did not specifically object to rates but Special Master applied precedent to adjust 2016 rates | Reduced 2016–2017 paralegal/law clerk rate to $145/hour, producing a $95.50 reduction |
| Whether further line-by-line reductions were required | Counsel submitted detailed billing and sought full requested amount except as adjusted | Respondent noted Special Masters may rely on experience and need not perform line-by-line reductions in absence of specific objections | Special Master exercised discretion, found overall request reasonable, made limited targeted reductions only (travel and 2016 paralegal/law clerk rates) |
Key Cases Cited
- Gruber v. Secretary of Health & Human Services, 91 Fed. Cl. 773 (2010) (travel-time compensation should be assessed case-by-case and a 50% award may be too high for undocumented claims)
- Beck v. Secretary of Health & Human Services, 924 F.2d 1029 (Fed. Cir. 1991) (attorney fee awards in the Vaccine Program encompass all charges and preclude collection of additional fees from the client)