Snyder v. Secretary of Health and Human Services
14-482
| Fed. Cl. | Apr 7, 2017Background
- Petitioners (Garland and Jennifer Snyder) filed a Vaccine Act petition on behalf of their minor child, J.L.S., alleging ADEM caused by the 2011 trivalent influenza vaccine; respondent denied causation but the parties settled.
- The parties’ July 11, 2016 stipulation conditioned payment of damages on petitioners’ appointment as guardians/conservator of J.L.S.’s estate.
- Petitioners sought attorneys’ fees of $34,170.40, litigation costs of $3,543.56, and guardianship-related past and future costs (initially $2,165.00 past and $210.00 future; later amended to $2,165.00 past and $2,730.00 future) for a total requested award of $42,608.96.
- Respondent raised no objection to the fee/cost request or the amended guardianship costs.
- The Special Master applied the lodestar method and McCulloch/McCulloch-derived forum-rate guidance to evaluate hourly rates and reviewed precedent holding guardianship expenses compensable where guardianship is a condition of a stipulation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioners are entitled to attorneys’ fees and costs under the Vaccine Act | Petitioners sought fees and costs as prevailing claimants in good faith with reasonable basis, including guardianship expenses required by the stipulation | Respondent did not object to fees/costs or amended guardianship expenses | Award of attorneys’ fees and costs approved (total award granted) |
| Whether requested hourly rates for counsel are reasonable | Requested forum rates for Isaiah R. Kalinowski based on ~9+ years Vaccine Program experience and prior decisions awarding same rates | No objection from respondent | Court found requested hourly rates reasonable and awarded them |
| Whether guardianship-related expenses (bond, accounting, filing) are compensable | Guardianship was a condition of the stipulation; Tennessee law requires surety bond and annual accounting fees; requested past and future bond/accounting costs are necessary | Respondent raised no objection to compensability | Court held guardianship costs reasonable and reimbursable under the Program where guardianship is a condition of settlement |
| Proper total award and payment allocation | Petitioners requested lump sums: attorneys’ fees/costs payable jointly to petitioners and counsel; guardianship past/future costs payable to petitioners | No objection | Court awarded $42,608.96 total: $37,713.96 to petitioners and counsel (joint check) for attorneys’ fees and costs, and $4,895.00 to petitioners for past and future guardianship costs |
Key Cases Cited
- Perreira v. Sec’y of Health & Human Servs., 27 Fed. Cl. 29 (1992) (standards for awarding fees under Vaccine Act)
- Broekelschen v. Sec’y of Health & Human Servs., 102 Fed. Cl. 719 (2011) (discussion of line‑by‑line fee review and fee application procedures)
- Gruber v. Sec’y of Health & Human Servs., 91 Fed. Cl. 773 (2010) (fee provision encompasses costs incurred in proceedings, including guardianship where appropriate)
- Saxton ex rel. Saxton v. Sec’y of Health & Human Servs., 3 F.3d 1517 (Fed. Cir. 1993) (Special Masters’ use of prior experience in fee review)
- Blanchard v. Bergeron, 489 U.S. 87 (1989) (lodestar method: hours reasonably expended times reasonable hourly rate)
- Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (attorney cannot collect fees in addition to awarded amount)