Sajbel v. Secretary of Health and Human Services
14-741
| Fed. Cl. | Sep 25, 2017Background
- Petitioner Sara Elizabeth Sajbel (as representative of her deceased son B.B.T.) filed a Vaccine Program petition alleging the March 28, 2013 hepatitis B vaccination caused HLH and his death on June 26, 2013.
- An entitlement hearing was held April 14, 2016; the special master later found petitioner entitled to compensation and respondent proffered damages.
- Petitioner sought $68,846.10 in attorneys’ fees and $37,337.09 in attorneys’ costs (total $106,183.19), plus $1,633.95 in petitioner out-of-pocket expenses.
- Respondent filed no specific objections to the amounts and asked the special master to exercise discretion to determine a reasonable award.
- The special master approved the requested hourly rates (non‑forum/Cheyenne rates), reduced travel-time billing to 50% of counsel’s rate (resulting in a $933 reduction), found the remaining hours reasonable, and approved expert, travel, and records costs.
- The special master awarded $106,884.14 total: $105,250.19 (joint check to petitioner and counsel) covering attorneys’ fees ($67,913.10) and costs ($37,337.09), plus $1,633.95 reimbursed to petitioner for out-of-pocket expenses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to fees under Vaccine Act | Fee award automatic for success on merits; requested rates/hours reasonable | No specific objections to amounts; asked special master to determine reasonableness | Fees awarded; reasonable under lodestar with one travel-time reduction |
| Appropriate hourly rates (forum vs local) | Counsel sought Cheyenne (local) rates consistent with prior decisions | Respondent did not contest rates | Local/Cheyenne rates accepted; forum rates denied as Davis County exception not satisfied |
| Reasonableness of billed hours | Hours billed were necessary for litigation and hearing preparation | No specific objection; asked court to exercise discretion | Hours generally reasonable; only travel-time billed at full rate reduced to 50% resulting in $933 reduction |
| Recoverable attorneys’ costs and petitioner expenses | Requested expert fees, travel, records costs, and estate-setup/out-of-pocket expenses | No specific objection | Expert fees ($34,200), travel, and records costs approved; petitioner reimbursed $1,633.95 in out-of-pocket expenses |
Key Cases Cited
- Avera v. Sec’y of Health & Human Servs., 515 F.3d 1343 (Fed. Cir. 2008) (endorsing lodestar approach for Vaccine Act fee awards)
- Blum v. Stenson, 465 U.S. 886 (1984) (defining reasonable hourly rate standard)
- Sebelius v. Cloer, 133 S. Ct. 1886 (2013) (fee award automatic for petitioners who succeed on merits)
- Saxton ex rel. Saxton v. Sec’y of Health & Human Servs., 3 F.3d 1517 (Fed. Cir. 1993) (hours should exclude excessive, redundant, or unnecessary time)
- Hensley v. Eckerhart, 461 U.S. 424 (1983) (lodestar and reasonableness of hours framework)