Spataro v. Secretary of Health and Human Services
17-1576
| Fed. Cl. | Oct 29, 2021Background
- Petitioner Joseph Spataro filed a Vaccine Program petition (filed Oct 20, 2017) alleging shoulder/arm pain after an influenza vaccination on Oct 15, 2015.
- The special master dismissed the petition for insufficient proof on Feb 17, 2021.
- Petitioner then moved for final attorneys’ fees and costs (July 29, 2021), seeking $17,560.60 ($17,133.60 in fees; $427.00 in costs).
- Respondent untimely stated the statutory requirements for fees were met and asked the special master to determine a reasonable award; respondent did not contest good faith or reasonable basis.
- The special master applied the lodestar method, accepted counsel’s requested forum hourly rates (ranging from $300 to $375 depending on year), reviewed time entries, and reduced the request by $100 for clerical billing.
- The special master awarded $17,033.60 in attorneys’ fees and $427.00 in costs, for a total lump sum of $17,460.60, payable jointly to petitioner and counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to fees when petitioner did not prevail | Spataro argued fees are recoverable if claim was brought in good faith with a reasonable basis | Respondent agreed statutory requirements were met and deferred amount to special master | Award granted: good faith and reasonable basis found, so fees recoverable under § 15(e)(1) |
| Appropriate hourly rates | Requested forum rates ($300–$375 by year) as consistent with prior awards | Respondent did not contest rates | Rates accepted as reasonable |
| Reasonableness of billed hours | Submitted detailed billing entries totaling the requested hours | Respondent did not contest hours but left amount to discretion | Hours largely reasonable; reduced $100 for clerical/filing tasks |
| Reimbursement of costs | Requested $427 for records, postage, filing fee with documentation | Respondent did not oppose costs | Costs awarded in full ($427) |
Key Cases Cited
- Sebelius v. Cloer, 133 S. Ct. 1886 (2013) (fees automatically awarded to a prevailing petitioner)
- Avera v. Sec'y of Health & Human Servs., 515 F.3d 1343 (2008) (endorses lodestar approach under the Vaccine Act)
- Blum v. Stenson, 465 U.S. 886 (1984) (lodestar: hours × reasonable hourly rate)
- Rodriguez v. Sec'y of Health & Human Servs., 632 F.3d 1381 (2011) (forum rates generally apply)
- Hall v. Sec'y of Health & Human Servs., 640 F.3d 1351 (2011) (discusses limited Davis County local-rate exception)
- Davis Cty. Solid Waste Mgmt. v. U.S. EPA, 169 F.3d 755 (D.C. Cir. 1999) (establishes local-rate exception factors)
- Sabella v. Sec'y of Health & Human Servs., 86 Fed. Cl. 201 (2009) (special masters may reduce fees sua sponte)
- Broekelschen v. Sec'y of Health & Human Servs., 102 Fed. Cl. 719 (2011) (no required line-by-line fee analysis)
- Saxton ex rel. Saxton v. Sec'y of Health & Human Servs., 3 F.3d 1517 (1993) (fees limited to hours reasonably expended)
- Hensley v. Eckerhart, 461 U.S. 424 (1983) (standard for excluding excessive, redundant, or unnecessary hours)
- Perreira v. Sec'y of Health & Human Servs., 27 Fed. Cl. 29 (1992) (costs must be reasonable and documented)
- Raymo v. Sec'y of Health & Human Servs., 129 Fed. Cl. 691 (2016) (identifies duplicative or excessive billing practices)
- Guy v. Sec'y of Health & Human Servs., 38 Fed. Cl. 403 (1997) (approves percentage reductions to fee requests)