Rodriguez v. Secretary of Health and Human Services
13-253
| Fed. Cl. | Oct 10, 2017Background
- Petition filed April 9, 2013 under the National Vaccine Injury Compensation Program by William and Brenda Rodriguez on behalf of their minor child C.R., alleging juvenile dermatomyositis caused by DTaP, IPV, MMR, and Varicella vaccines administered August 30, 2011.
- Procedural history: medical records and expert reports exchanged; entitlement hearing held May 2016; post-hearing briefs filed March–April 2017.
- Petitioners previously received an agreed interim fee award of $50,560.50 in July 2015.
- On August 7, 2017, petitioners moved for a second interim award of attorneys’ fees ($65,085.45) and costs ($18,999.14), totaling $84,084.59. Respondent did not object to the amount and left the determination to the Special Master’s discretion.
- The Special Master applied the lodestar framework (reasonable hourly rates × reasonable hours), found counsel’s requested forum rates and hours reasonable, and found the requested costs (expert fees, records, travel) reasonable.
- The Special Master granted the motion and awarded a lump sum of $84,084.59 payable jointly to petitioners and counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether interim attorneys’ fees and costs should be awarded | Petitioners seek interim fees and costs because litigation has imposed substantial fees and costs; there is a good-faith, reasonable-basis claim | Respondent raised no specific objections to amount; asked Special Master to exercise discretion to determine a reasonable award | Granted: interim fees and costs awarded $84,084.59 |
| Appropriate hourly rates | Counsel requested forum (D.C.) rates consistent with prior awards for this attorney | Respondent did not contest rates | Granted: requested rates awarded as reasonable |
| Reasonableness of hours billed | Counsel submitted hours through post-hearing briefing and argued hours were reasonable | Respondent did not contest hours | Granted: hours found reasonable and awarded |
| Reasonableness of claimed costs | Petitioners sought expert fees, records procurement, and travel costs as reasonable litigation expenses | Respondent raised no specific objections to costs | Granted: requested costs found reasonable and awarded |
Key Cases Cited
- Sebelius v. Cloer, 133 S. Ct. 1886 (U.S. 2013) (attorneys’ fees awarded automatically to prevailing petitioners under Vaccine Act)
- Avera v. Secretary of Health & Human Services, 515 F.3d 1343 (Fed. Cir. 2008) (endorsing lodestar approach under Vaccine Act)
- Shaw v. Secretary of Health & Human Services, 609 F.3d 1372 (Fed. Cir. 2010) (interim fees appropriate where litigation imposes undue hardship and claim has good-faith basis)
- Blum v. Stenson, 465 U.S. 886 (U.S. 1984) (definition of reasonable hourly rate standard)
- Rodriguez v. Secretary of Health & Human Services, 632 F.3d 1381 (Fed. Cir. 2011) (forum-rate rule and limited Davis County exception)
- Saxton ex rel. Saxton v. Secretary of Health & Human Services, 3 F.3d 1517 (Fed. Cir. 1993) (special masters may reduce hours that are excessive or unnecessary)