Rowden v. Secretary of Health and Human Services
14-400
Fed. Cl.Jan 17, 2017Background
- Petitioner James Rowden filed a Vaccine Program petition alleging Guillain-Barré Syndrome and AIDP after multiple vaccines on September 25, 2013.
- Parties reached a stipulation for settlement; Special Master Roth approved the settlement on September 12, 2016.
- Petitioner moved for attorney’s fees and costs totaling $87,802.23 for work by Black McLaren Jones Ryland & Griffee, P.C.
- Respondent did not object to the fee request. Petitioner submitted detailed billing records and a statement that he personally incurred no costs.
- The Special Master applied the lodestar method, adopted forum rates set in a contemporaneous Henry decision, approved requested attorney rates, reduced paralegal 2016 rate from $150 to $145, and reduced travel billing to 50% of attorney rate.
- After reductions (paralegal and travel), the Special Master awarded $82,878.98 jointly to petitioner and counsel for attorneys’ fees and costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel's requested hourly rates are reasonable | McLaren firm requested specified hourly rates for partners and associates based on experience and prior awards | Respondent did not object to the requested rates | Special Master adopted rates from Henry and found requested rates for McLaren, Cochran, and Webb reasonable |
| Whether paralegal hourly rate should be $150 for 2016 | Petitioner requested $150/hr for paralegals in 2016 | No objection; Special Master referenced Chief SM Dorsey’s Henry decision | Reduced 2016 paralegal rate to $145 and decreased paralegal fees accordingly |
| Whether travel time may be billed at full attorney hourly rate | Petitioner billed attorney travel hours at full rate | No objection from respondent, but Special Master applied program practice | Reduced attorney travel compensation to 50% of hourly rate, producing a $4,850.75 reduction |
| Whether overall fees and costs are reasonable and awardable under §15(e) | Requested total $87,802.23 (fees + costs) supported by detailed records and good-faith claim | Respondent did not contest; Special Master reviewed for duplicative/erroneous entries | With specified reductions, awarded $82,878.98 jointly to petitioner and counsel |
Key Cases Cited
- Perreira v. Sec’y of HHS, 27 Fed. Cl. 29 (1992) (special masters have discretion in fee determinations)
- Saxton ex rel. Saxton v. Sec’y of HHS, 3 F.3d 1517 (Fed. Cir. 1993) (special masters may use prior experience reviewing fee applications)
- Blanchard v. Bergeron, 489 U.S. 87 (1989) (lodestar method: hours reasonably expended times reasonable hourly rate)
- Broekelschen v. Sec’y of HHS, 102 Fed. Cl. 719 (2011) (special master not required to perform line-by-line fee reductions)
- Beck v. Sec’y of HHS, 924 F.2d 1029 (Fed. Cir. 1991) (attorney barred from collecting fees beyond the Program award)