Saeid v. Secretary of Health and Human Services
12-552
| Fed. Cl. | Mar 24, 2017Background
- Petitioner Javad Saeid filed a Vaccine Program petition on behalf of minor M.S., alleging transverse myelitis and stroke caused by a 2009 influenza vaccine.
- Respondent denied causation but the parties reached a stipulated settlement; the Special Master approved the settlement on January 17, 2017.
- Petitioner moved for attorneys’ fees and costs seeking $37,175.00 in fees, $35,840.30 in attorneys’ costs, and $4,350.00 in petitioner out-of-pocket expenses (total $77,365.30).
- Respondent filed a response stating it did not object to the fees request.
- The Special Master applied the lodestar framework and McCulloch factors to evaluate hourly rates and reasonableness of costs, including guardianship costs required by the judgment.
- The Special Master found the requested rates and costs reasonable and awarded the full $77,365.30, with $73,015.30 payable jointly to petitioner and counsel and $4,350.00 payable to petitioner.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether requested hourly rates for counsel were reasonable | Mr. Baseluos’s rates (ranging $225–$275 across years) are reasonable given ~8 years Vaccine Program experience and prior awards | No objection to fees | Rates found reasonable and awarded as requested |
| Whether attorneys’ costs (including guardianship expenses) are compensable | Guardianship costs were required by the settlement condition and are recoverable as costs "on a petition" | No objection | Guardianship and other costs were reasonable and awarded |
| Whether overall fee request is justified under lodestar | Counsel provided detailed timesheets and prior precedent supports requested lodestar | Respondent raised no specific objections | Lodestar and supporting documentation deemed sufficient; full award granted |
| Whether award should be apportioned/payable and form of payment | Requested lump sums: attorneys’ fees and costs jointly to counsel and petitioner; petitioner’s expenses to petitioner | No objection | Award ordered in requested lump-sum payments and judgment to be entered |
Key Cases Cited
- Perreira v. Secretary of Health and Human Services, 27 Fed. Cl. 29 (1992) (special masters have discretion in fee determinations)
- Saxton ex rel. Saxton v. Secretary of Health and Human Services, 3 F.3d 1517 (Fed. Cir. 1993) (special masters may rely on prior experience in reviewing fees)
- Blanchard v. Bergeron, 489 U.S. 87 (1989) (lodestar method: hours multiplied by reasonable rate)
- Broekelschen v. Secretary of Health and Human Services, 102 Fed. Cl. 719 (2011) (special master not required to perform line-by-line fee analysis)
- Gruber v. Secretary of Health and Human Services, 91 Fed. Cl. 773 (2010) (costs required by judgment condition, such as guardianship, may be compensable)
- Beck v. Secretary of Health and Human Services, 924 F.2d 1029 (Fed. Cir. 1991) (award intended to cover all legal expenses; attorney may not collect additional fees)