Spivak v. Secretary of Health and Human Services
16-70
| Fed. Cl. | Dec 19, 2017Background
- Petitioner Jamie Spivak filed a Vaccine Act claim on behalf of her minor child C.C., alleging MMR and varicella vaccines caused immune thrombocytopenia purpura (ITP).
- The parties stipulated to compensation; Chief Special Master Dorsey issued a decision awarding compensation on March 2, 2017.
- On May 4, 2017, petitioner moved for attorneys’ fees of $13,987.00 and costs of $897.53 (total $14,884.53), supporting the request with affidavits and billing records.
- Requested rates were $295/hour for counsel Randall G. Knutson (2015–2017) and $75/hour for paralegal time (2015–2017); petitioner reported no out-of-pocket expenses.
- Respondent stated she does not play a role in fee resolution under the Vaccine Act but indicated the statutory requirements for an award were met and did not oppose petitioner’s request.
- The Chief Special Master reviewed the billing, found the hours and rates reasonable, and granted the full requested award as a lump sum payable jointly to petitioner and counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to attorneys’ fees and costs | Fees and costs are recoverable under the Vaccine Act following a successful stipulation | Respondent: no formal role in resolving fee requests but agrees statutory criteria for an award are met | Award of attorneys’ fees and costs granted under § 15(e) |
| Reasonableness of hours and rates | Seek $13,987.00 (counsel $295/hr; paralegal $75/hr) and $897.53 costs | Respondent did not contest rates/hours; satisfied requirements met | Court reviewed billing and found hours and rates reasonable; no reductions |
| Respondent’s participation in fee resolution | N/A (petitioner submitted motion) | Respondent: Vaccine Act/Rule 13 do not contemplate respondent’s role; nevertheless recommends Special Master exercise discretion | Special Master exercised discretion and awarded full amount |
| Whether additional client charges permitted | Counsel: requested amount covers all legal services and costs; no further charges | Respondent: agrees statutory award appropriate | Court awarded lump sum and noted § 15(e)(3) bars additional attorney collection beyond the award |
Key Cases Cited
- Beck v. Sec'y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (attorney fee collection limitation under the Vaccine Act)