Rosa v. Secretary of Health and Human Services
14-886
Fed. Cl.Jul 19, 2017Background
- Petitioner Theresa Rosa filed a Vaccine Act petition alleging Guillain-Barré syndrome and other injuries from a September 27, 2011 influenza vaccination.
- The parties executed a joint stipulation, and on March 24, 2017 the special master awarded compensation to petitioner based on that stipulation.
- Petitioner then moved for attorneys’ fees and costs totaling $72,022.29 ($49,711.50 fees; $22,310.79 costs).
- Respondent stated statutory requirements for a fee award were satisfied and recommended the special master exercise discretion to set a reasonable award; respondent did not object to amounts.
- The special master applied the lodestar method, reviewed billing records and receipts, and found requested hourly rates and hours reasonable under McCulloch and the Office of Special Masters’ fee schedule.
- The special master awarded the full requested fees and costs as a lump sum payable jointly to petitioner and counsel and ordered entry of judgment absent review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to fees and costs under Vaccine Act | Rosa sought "reasonable attorneys’ fees and costs" after compensation by stipulation | HHS agreed statutory requirements met and deferred to special master's discretion on amount | Fees and costs permitted where claim brought in good faith and reasonable basis; award appropriate after stipulation |
| Appropriate hourly rates | Counsel requested rates ($420 for Pop; $250 Grigorian; $145 Hahn; $125 clerks) and sought modest increase | Respondent raised no objection to requested rates | Special master found requested rates reasonable and consistent with McCulloch/fee schedule and awarded them |
| Reasonableness of hours expended | Petitioner submitted contemporaneous billing showing specific time entries (total hours by each timekeeper) | Respondent did not object to hours | Special master reviewed records, found hours reasonable, and awarded full requested attorneys’ fees |
| Reasonableness of costs (expenses and expert fees) | Petitioner submitted receipts and itemized costs totaling $22,310.79 | Respondent did not object | Special master found costs reasonable and awarded them in full |
Key Cases Cited
- Perreira v. Secretary of Health and Human Services, 27 Fed. Cl. 29 (Fed. Cl. 1992) (special masters have wide discretion in awarding fees and costs)
- Saxton v. Secretary of Health and Human Services, 3 F.3d 1517 (Fed. Cir. 1993) (special masters may use prior experience to reduce fee requests)
- Avera v. Secretary of Health & Human Services, 515 F.3d 1343 (Fed. Cir. 2008) (approving lodestar approach in Vaccine Act cases)
- Blum v. Stenson, 465 U.S. 886 (U.S. 1984) (lodestar method: hours times reasonable rate)
- Hensley v. Eckerhart, 461 U.S. 424 (U.S. 1983) (hours that are excessive, redundant, or unnecessary should be excluded)
- Sabella v. Secretary of Health and Human Services, 86 Fed. Cl. 201 (Fed. Cl. 2009) (special master may reduce fees sua sponte)
- Broekelschen v. Secretary of Health and Human Services, 102 Fed. Cl. 719 (Fed. Cl. 2011) (no line-by-line analysis required when reducing fees)
- Beck v. Secretary of Health & Human Services, 924 F.2d 1029 (Fed. Cir. 1991) (award covers all legal expenses and prevents additional attorney charges)