Sharpe v. Secretary of Health and Human Services
14-65
Fed. Cl.Jul 12, 2021Background
- Petition filed Jan 27, 2014 by Heidi Sharpe on behalf of minor L.M. under the Vaccine Program; entitlement hearing held Mar 13–14, 2018.
- Chief Special Master denied entitlement on Nov 5, 2018; petitioner sought review and appealed to the Federal Circuit.
- Federal Circuit partially affirmed, vacated, and remanded on July 1, 2019; on remand the Chief Special Master found entitlement on Feb 19, 2021 and the case proceeded to damages.
- Petitioner previously received two interim fee/cost awards (July 2016: $80,000; July 2018: $95,630.34 partial award with further fees deferred).
- On June 3, 2021 petitioner requested a third interim award of $409,843.44 (fees $400,901.78; costs $8,941.66) covering work Apr 15, 2016–Jan 21, 2021; respondent deferred to the Special Master’s discretion.
- Chief Special Master granted the full requested amount, approved forum rates (including $482/hr for 2021 for counsel Curtis Webb), allowed contested research hours due to novelty, approved costs, and barred any future interim fee requests (remaining fees must be sought after judgment).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Appropriateness of a third interim award | Third interim is justified by protracted litigation, unreimbursed substantial fees, and resulting entitlement | Defer to Special Master; no firm opposition to an interim award | Award allowed one additional interim award but Court will deny any further interim requests |
| Hourly rates (forum rates for counsel) | Requested forum rates for counsel through 2021 are reasonable and consistent with Program awards | No objection to rates; asked Special Master to calculate a reasonable award if interim award appropriate | Forum rates approved, including $482/hr for 2021 for Mr. Webb |
| Compensability of extensive research/genetics work (86.9 hrs) | Research was necessary given novel DYNC1H1 genetic issue and concurrent expert consultation | Implicitly not opposed in substance; counsel sought compensation | Research hours awarded due to novelty and concurrent expert work |
| Reasonableness of litigation costs ($8,941.66) | Costs for travel, lodging, records, mailing, filing, and expert-related expenses are typical and reasonable | No substantive objection; deferred to Special Master's discretion | All requested costs allowed as reasonable |
Key Cases Cited
- Cloer v. Sec'y of Health and Human Servs., 675 F.3d 1358 (Fed. Cir. 2012) (interim fees may be awarded before final entitlement determinations)
- Avera v. Sec'y of Health & Hum. Servs., 515 F.3d 1343 (Fed. Cir. 2008) (lodestar method and adjustment principles for fee awards)
- Perreira v. Sec'y of Health & Hum. Servs., 27 Fed. Cl. 29 (1992) (special masters may award interim fees and costs)
- Presault v. United States, 52 Fed. Cl. 667 (2002) (standards for reasonableness of litigation costs)
- Hensley v. Eckerhart, 461 U.S. 424 (1983) (lodestar fee calculation principles)
- Davis Cty. Solid Waste Mgmt. v. U.S. Envtl. Prot. Agency, 169 F.3d 755 (D.C. Cir. 1999) (forum rule and Davis exception for non-forum rates)