Stewart v. Secretary of Health and Human Services
12-776
| Fed. Cl. | Jun 29, 2017Background
- Petitioner Jamie Lee Stewart filed a Vaccine Act petition alleging CIDP caused by an influenza vaccine administered in October 2010; compensation was awarded by joint stipulation on January 18, 2017.
- Petitioner sought attorneys’ fees of $63,004.05 and attorneys’ costs of $10,693.64 (total $73,697.69).
- Petitioner submitted contemporaneous billing records and receipts; petitioner stated he incurred no personal litigation costs or retainer charges.
- Respondent did not oppose entitlement to fees and costs and deferred to the Special Master’s exercise of discretion on the amount.
- The Special Master applied the lodestar method, assessed requested hourly rates against established Vaccine Program rate guidance, and reviewed hours and itemized costs for reasonableness.
- The Special Master found the requested rates, hours, and costs reasonable and awarded the full amount 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 under the Vaccine Act | Stewart argued he is entitled to reasonable fees and costs following the award by stipulation and submitted records showing good faith and reasonable basis | HHS conceded statutory requirements were met and left amount to Special Master’s discretion | Entitlement satisfied; fees and costs may be awarded |
| Reasonableness of hourly rates | Stewart requested rates for counsel, law clerk, and paralegals consistent with McCulloch-derived fee schedule and firm experience | Respondent raised no objection to requested rates | Requested hourly rates found reasonable and awarded |
| Reasonableness of hours billed | Stewart submitted detailed contemporaneous billing entries totaling 225.7 hours across attorneys and staff and requested full compensation | Respondent did not object to hours; reserved amount determination to Special Master | Hours reviewed and deemed reasonable; full hours awarded |
| Reasonableness of requested costs | Stewart sought reimbursement for filing fee, medical records, mediation, travel, and meals with supporting receipts | Respondent raised no objection | Costs found reasonable and awarded in full |
Key Cases Cited
- Perreira v. Sec’y of Health & Human Servs., 27 Fed. Cl. 29 (Fed. Cl. 1992) (special masters have wide discretion in fee determinations)
- Saxton v. Sec’y of Health & Human Servs., 3 F.3d 1517 (Fed. Cir. 1993) (use of prior special master experience in fee review upheld)
- Avera v. Sec’y of Health & Human Servs., 515 F.3d 1343 (Fed. Cir. 2008) (endorsing lodestar approach in Vaccine Act cases)
- Blum v. Stenson, 465 U.S. 886 (U.S. 1984) (defining lodestar methodology)
- Hensley v. Eckerhart, 461 U.S. 424 (U.S. 1983) (hours that are excessive, redundant, or unnecessary should be excluded)
- Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (attorney cannot recover fees beyond amount awarded under Vaccine Act)
- Broekelschen v. Sec’y of Health & Human Servs., 102 Fed. Cl. 719 (Fed. Cl. 2011) (no line-by-line accounting required when reducing fees)