Spossey v. Secretary of Health and Human Services
15-1254
| Fed. Cl. | Dec 4, 2017Background
- Petitioner filed a Vaccine Program claim alleging left-shoulder injury from a flu vaccine administered October 17, 2014; entitlement was awarded based on respondent’s proffer.
- After judgment on entitlement, petitioner sought attorneys’ fees of $31,138.50 and costs of $2,663.50 (total $33,802.00).
- Respondent stated the Vaccine Act/Vaccine Rule 13 do not give respondent a role in fee determinations but acknowledged statutory requirements for an award were met and left reasonableness to the Special Master.
- The Special Master applied prior reasoning from Henry v. HHS regarding appropriate hourly rates for the McLaren firm and reviewed submitted billing records.
- The Special Master found the billing reasonable overall but reduced compensation for attorney travel time (50% of hourly rate), reduced one meal expense to GSA per diem, and slightly reduced 2016 paralegal hourly rate.
- The Special Master awarded attorneys’ fees and costs totaling $31,669.08, payable jointly to petitioner and counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether respondent has a role in fee resolution | Not directly argued; petitioner requested full fees/costs claimed | Respondent: statutory rules do not contemplate a role for respondent in fee resolution but agrees requirements for an award are met and defers to Special Master’s discretion | Special Master exercised discretion; respondent’s procedural position noted but award determination rests with Special Master |
| Reasonableness of requested attorney travel time rate | Requested full hourly rate for travel time (13.4 hours at $295/hr) | No specific objection to hours; respondent left reasonableness to Special Master | Travel billed at 50% of hourly rate; reduced travel-related billing by $1,976.50 |
| Meal expense incurred during travel | Claimed $93.92 for one dinner | No specific objection; left to Special Master | Meal reduced to $51.00 (GSA FY2015 per diem for Charlotte), reducing costs by $42.92 |
| Paralegal hourly rate (2016) | Billed 22.7 hours at $150/hr | No specific objection; left to Special Master | Paralegal rate reduced to $145/hr; resulting reduction $113.50 |
Key Cases Cited
- Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (attorney fee award in Vaccine Program covers all legal expenses and prevents attorney from collecting additional fees from client)