Starnes v. Secretary of Health and Human Services
19-1181
| Fed. Cl. | Dec 9, 2021Background
- Petitioner William Starnes filed a Vaccine Act claim alleging Guillain-Barré syndrome and chronic inflammatory demyelinating polyneuropathy after an influenza vaccine on October 18, 2016.
- Parties filed a stipulation resolved in petitioner’s favor; Special Master adopted the stipulation and awarded compensation on January 22, 2021.
- On August 22, 2021, petitioner sought attorneys’ fees and costs totaling $37,193.81 ($31,953.80 in fees; $5,240.01 in costs) and certified that petitioner incurred no personal fees or costs.
- Respondent stated it was satisfied that the statutory requirements for an award of fees and costs were met and lodged no objections to the requested amounts.
- The Special Master applied the lodestar framework, reviewed hourly rates and contemporaneous billing, and evaluated the reasonableness of claimed costs.
- The Special Master awarded the full requested amount of $37,193.81 as a lump-sum check payable to petitioner and counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Reasonableness of hourly rates | Counsel (Durant) requested specified rates by year ($365–$420) consistent with prior Vaccine Program awards | Respondent raised no objection and was satisfied statutory requirements met | Rates found reasonable and awarded as requested |
| Reasonableness of hours billed | Counsel submitted contemporaneous billing showing time and descriptions; sought $31,953.80 in fees | Respondent did not object to hours or identify entries as excessive | Special Master found hours reasonable; awarded full fees requested |
| Reimbursement of costs | Petitioner sought $5,240.01 for records, filing fee, and expert review with documentation | Respondent did not object | Costs supported by documentation and awarded in full |
| Entitlement to award form/payment | Petitioner certified no personal fees/costs per General Order No. 9 and requested payment to petitioner and counsel | Respondent had no objection to award or form of payment | Special Master ordered lump-sum payment of $37,193.81 payable to petitioner and counsel |
Key Cases Cited
- Avera v. Sec'y of Health & Human Servs., 515 F.3d 1343 (Fed. Cir. 2008) (approves lodestar two-step approach for Vaccine Act fee awards)
- Blum v. Stenson, 465 U.S. 886 (U.S. 1984) (prevailing market rate standard for reasonable hourly rates)
- Saxton v. Sec'y of Health & Human Servs., 3 F.3d 1517 (Fed. Cir. 1993) (special masters have broad discretion to assess fee reasonableness)
- Hensley v. Eckerhart, 461 U.S. 424 (U.S. 1983) (hours that are excessive, redundant, or unnecessary should be excluded)
- Savin v. Sec'y of Health & Human Servs., 85 Fed. Cl. 313 (Fed. Cl. 2008) (requirement for contemporaneous, specific billing records)
- Perreira v. Sec'y of Health & Human Servs., 27 Fed. Cl. 29 (Fed. Cl. 1992) (cost reimbursement must be reasonable)
- Sabella v. Sec'y of Health & Human Servs., 86 Fed. Cl. 201 (Fed. Cl. 2009) (special masters may reduce fees sua sponte)
- Broekelschen v. Sec'y of Health & Human Servs., 102 Fed. Cl. 719 (Fed. Cl. 2011) (no requirement for line-by-line reductions; special masters may rely on experience)
- Wasson v. Sec'y of Dep't of Health & Human Servs., 24 Cl. Ct. 482 (Ct. Cl. 1991) (special masters may use prior experience to assess reasonable hours)