St. George v. Secretary of Health and Human Services
15-204
| Fed. Cl. | Mar 20, 2017Background
- Petitioner filed a Vaccine Act petition alleging brachial neuritis caused by an influenza vaccine received January 16, 2013.
- On August 30, 2016, the Special Master issued a decision awarding damages pursuant to the parties’ stipulation.
- Petitioner moved for attorneys’ fees and costs on February 6, 2017, seeking $28,883.70 in fees, $7,687.16 in counsel’s costs, and $36.28 in personal costs (total $36,607.14).
- Respondent stated the statutory requirements for an attorneys’ fees award were satisfied and deferred to the Special Master’s reasoned exercise of discretion as to a reasonable amount.
- The Special Master reviewed counsel’s billing records, found the fee request reasonable, and granted the full requested award.
- The award of $36,607.14 was ordered payable jointly to petitioner and Conway, Homer, P.C., and instructions were given for entry of judgment absent review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioner is entitled to an award of reasonable attorneys’ fees and costs under the Vaccine Act | St. George sought fees and costs as the case resulted in a compensation award | Secretary agreed statutory requirements were met and deferred to Special Master on amount | Award of reasonable attorneys’ fees and costs granted in full ($36,607.14) |
| Whether the requested amount is reasonable | Counsel submitted billing records and a total request of $36,607.14 | Respondent recommended Special Master determine a reasonable award (no specific objection) | Special Master, based on experience and billing review, found the request reasonable and approved it |
| Form and payee of the award | Petitioner requested fees/costs to be paid | Respondent did not dispute payment form | Ordered check payable jointly to petitioner and Conway, Homer, P.C. |
| Entry of judgment and opportunity for review | N/A | N/A | Clerk directed to enter judgment absent motion for review under RCFC Appendix B |
Key Cases Cited
- Sebelius v. Cloer, 133 S. Ct. 1886 (2013) (Vaccine Act fee-shifting requirement for petitions resulting in compensation)
- Perreira v. Sec’y of HHS, 27 Fed. Cl. 29 (1992) (special masters have discretion in fee determinations)
- Perreira v. Sec’y of HHS, 33 F.3d 1375 (Fed. Cir. 1994) (affirming deference to special masters on fee matters)
- Saxton ex rel. Saxton v. Sec’y of HHS, 3 F.3d 1517 (Fed. Cir. 1993) (special masters may rely on prior experience when reviewing fee applications)