Thornton v. Secretary of Health and Human Services
16-822
| Fed. Cl. | Oct 25, 2017Background
- Petitioner Christopher Thornton filed a Vaccine Act petition alleging Guillain-Barré Syndrome from a TDaP vaccine and obtained an award by joint stipulation on May 22, 2017.
- Petitioner moved for attorneys’ fees and costs seeking $19,108.25 in fees and $1,773.91 in costs (total $20,882.16); initial filing omitted billing logs, later supplemented.
- Respondent stated no objection to entitlement and left reasonableness and amount to the Special Master’s discretion.
- Billing records were submitted showing time, tasks, and timekeeper; petitioner’s counsel (Pleban) requested $375/hour despite Fee Schedule ranges that set lower rates for his experience level.
- The Special Master found hours reasonable, reduced counsel’s hourly rate to conform with the Office of Special Masters’ Fee Schedule ($300/hour for 2015–16; $307/hour for 2017), and awarded full costs.
- Final award: $17,377.41 (payable jointly to petitioner and counsel), representing attorneys’ fees and costs after a $3,504.75 reduction in fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioner is entitled to attorneys’ fees/costs after a stipulated award | Fees and costs are recoverable because petitioner obtained compensation by stipulation | Respondent: no objection to entitlement; respondent defers to Special Master on amount | Entitlement established; fees/costs awarded under 42 U.S.C. §300aa-15(e) |
| Whether submitted billing records satisfy Vaccine Program requirements | Records are contemporaneous, specific, and support hours claimed | Respondent did not challenge adequacy; urged Special Master to determine reasonableness | Records found adequate; hours upheld as reasonable |
| Whether requested hourly rate for counsel is reasonable | Counsel sought $375/hr based on experience and prior practice | Fee Schedule prescribes lower ranges for counsel’s experience; Special Master should apply Forum rates | Reduced counsel’s rate to Fee Schedule: $300/hr (2015–16) and $307/hr (2017) |
| Whether claimed litigation costs are reasonable | Requested $1,773.91 for filing, records, expert, etc. | Respondent did not contest costs’ reasonableness | All requested costs awarded in full |
Key Cases Cited
- Savin v. Sec’y of Health & Human Servs., 85 Fed. Cl. 313 (Fed. Cl. 2008) (billing records must show contemporaneous, specific entries)
- Saxton v. Sec’y of Health & Human Servs., 3 F.3d 1517 (Fed. Cir. 1993) (special master may reduce excessive or unnecessary hours)
- Hensley v. Eckerhart, 461 U.S. 424 (U.S. 1983) (lodestar methodology and reduction of hours for reasonableness)
- Sabella v. Sec’y of Health & Human Servs., 86 Fed. Cl. 201 (Fed. Cl. 2009) (special master may reduce fees sua sponte without prior notice)
- Broekelschen v. Sec’y of Health & Human Servs., 102 Fed. Cl. 719 (Fed. Cl. 2011) (no requirement of line-by-line fee analysis)
- Avera v. Sec’y of Health & Human Servs., 515 F.3d 1343 (Fed. Cir. 2008) (approves lodestar approach in Vaccine Act cases)
- Blum v. Stenson, 465 U.S. 886 (U.S. 1984) (lodestar definition: reasonable hours × reasonable rate)
- Perreira v. Sec’y of Health & Human Servs., 27 Fed. Cl. 29 (Fed. Cl. 1992) (requests for costs must be reasonable)
- Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (award covers all legal expenses and precludes additional fee collection)