Sharifipour v. Secretary of Health and Human Services
15-669
| Fed. Cl. | Jul 10, 2017Background
- On June 29, 2015, Bahman and Andrew Sharifipour filed a Vaccine Act petition on behalf of their ward, Beverly Sharifipour, alleging ADEM caused by influenza and Tdap vaccines administered October 31, 2012.
- The parties executed a stipulation for damages, which the Special Master adopted as the decision on damages on December 1, 2016.
- Petitioners filed a motion for final attorney’s fees and costs on May 17, 2017, seeking $71,459.41 (breakdown: $51,988.70 attorney’s fees, $13,930.87 attorney costs, $5,539.84 petitioner-incurred costs).
- Respondent stated the statutory requirements for an award were met and deferred to the Special Master’s discretion on the amount.
- The Special Master reviewed hourly rates, attorney time, and costs (including $1,062.84 for records and $4,477 for two attorneys to establish/transfer guardianship) and found them reasonable.
- The Special Master awarded $65,919.57 payable jointly to petitioners and counsel, and an additional $5,539.84 payable directly to petitioners for their personal expenses; judgment to be entered absent review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioners are entitled to an award of attorneys’ fees and costs | Fees and costs requested are reasonable and consistent with prior Vaccine Program awards | Statutory requirements met; amount left to Special Master’s discretion | Awarded fees and costs in full as requested (rates and time found reasonable) |
| Whether hourly rates requested are reasonable | Rates align with those previously awarded to counsel in Vaccine Program cases | No contest to rates; respondent defers to Special Master | Requested hourly rates awarded |
| Whether attorney time and litigation costs are reasonable | Time billed and firm costs are reasonable and necessary | Respondent did not dispute reasonableness | Attorney time and Conway, Homer’s costs approved in full |
| Whether petitioners’ out-of-pocket expenses (medical record copying; guardianship costs) are recoverable | Petitioners seek reimbursement for $5,539.84 in personal expenses incurred pursuing claim | Respondent did not oppose reimbursement | Personal expenses awarded in full |
Key Cases Cited
- (No officially reported cases with citation format applicable were relied upon in the decision.)