Terrell v. Secretary of Health and Human Services
13-334
| Fed. Cl. | Mar 27, 2017Background
- Petitioner Isabel Terrell filed a Vaccine Program petition alleging SIRVA from a 2009 Td vaccine; case resolved by stipulation and compensation awarded July 13, 2016.
- Petitioner sought attorneys’ fees of $116,261.00 and costs of $7,055.75 on corrected application; respondent deferred to the special master to determine a reasonable award.
- Counsel Leah V. Durant requested $350/hr for attorney work (2013–2016) and $365/hr for 2017; paralegal rate requested was $140/hr (2013–2016).
- Billing included 314.6 attorney hours (including travel) and 55 paralegal hours; counsel acknowledged this case involved unusually voluminous records and two mediations.
- The special master reviewed contemporaneous billing, approved the requested paralegal rate, but found certain entries were administrative, some attorney-rate entries were paralegal-level, and a 2017 rate increase exceeded allowable growth.
- Award: attorneys’ fees reduced to $107,323.20 and costs awarded in full $7,055.75, for a total of $114,378.95, payable jointly to petitioner and counsel.
Issues
| Issue | Terrell's Argument | HHS's Argument | Held |
|---|---|---|---|
| Entitlement to fees after stipulated compensation | Fees and costs are recoverable following compensation by stipulation | Respondent deferred to Special Master to determine reasonable amount | Fee award is appropriate under 42 U.S.C. §300aa‑15(e) where compensation was awarded by stipulation |
| Appropriate hourly rates for attorney | $350/hr (2013–2016); $365/hr (2017) justified by experience and results | Respondent left reasonableness to the court | $350/hr awarded for 2013–2016; 2017 rate reduced to $363/hr using McCulloch growth rate (small reduction applied) |
| Billing for administrative and paralegal tasks | Counsel billed such tasks at attorney rate; argued case complexity justified hours | Respondent did not contest reasonableness; deferred to Special Master | Administrative time (6.2 hrs) disallowed entirely; 32.1 hrs of attorney-billed paralegal work reimbursed at $140/hr (resulting in fee reduction) |
| Block billing and detail sufficiency | Counsel submitted contemporaneous records but used some block entries | Respondent again deferred | Block billing criticized; entries were allowed but counsel cautioned to avoid block billing in future |
Key Cases Cited
- Rochester v. United States, 18 Cl. Ct. 379 (Cl. Ct. 1989) (clerical and secretarial work not compensable as attorney time)
- Saxton v. Secretary of Health & Human Services, 3 F.3d 1517 (Fed. Cir. 1993) (trial courts may rely on prior experience to reduce requested fees/hours)
- Beck v. Secretary of Health & Human Services, 924 F.2d 1029 (Fed. Cir. 1991) (award covers all legal expenses and prevents additional client charges)
- Wasson v. Secretary of Health & Human Services, 24 Cl. Ct. 484 (Cl. Ct. 1991) (special masters may use experience to determine reasonable hours)