Tinsley v. Secretary of Health and Human Services
15-513
| Fed. Cl. | Aug 16, 2016Background
- Petitioner Anne Tinsley filed a Vaccine Act petition alleging a neurological injury from a September 27, 2014 influenza vaccine; parties stipulated to compensation and a decision awarding compensation was entered July 18, 2016.
- Petitioner filed an unopposed application for attorneys’ fees and costs seeking $9,790.00 in fees and $1,188.45 in costs (total $10,978.45); billing records showed higher billed amounts ($13,460.00 in fees and $791.45 in costs) but petitioner limited her request.
- Counsel’s billing reflected work by Patricia Finn (PF) and Jessica Lucas (JL); the special master treated JL as a paralegal based on prior filings.
- The lodestar method (hours × reasonable hourly rate) governs fee awards under the Vaccine Act; fees and costs must be reasonable and supported by contemporaneous billing records.
- The special master reviewed hours, rates, and supporting documentation and found the billed hours reasonable and the effective hourly rates requested (approx. $300 for Finn, $130 for Lucas) reasonable in light of prior decisions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to attorneys’ fees and costs after a stipulated award | Tinsley sought reasonable fees and costs following the stipulated compensation award | Respondent did not oppose the requested award | Award of reasonable attorneys’ fees and costs is authorized and appropriate |
| Reasonableness of hours expended | Hours billed (total ~41.2) are reasonable and documented | No opposition to hours | Hours accepted as reasonable |
| Appropriate hourly rates | Requested fees equate to ~ $300/hr (Finn) and ~$130/hr (Lucas) given petitioner’s capped request | Respondent did not contest rates | Rates found reasonable and consistent with prior rulings (McCulloch) |
| Reasonableness of costs (including filing fee and medical records) | Petitioner corrected and documented costs totaling $1,188.45 | Respondent did not oppose corrected costs | Costs found reasonable and awarded in full |
Key Cases Cited
- Avera v. Secretary of Health & Human Services, 515 F.3d 1343 (Fed. Cir. 2008) (approves lodestar method for Vaccine Act fee awards)
- Blum v. Stenson, 465 U.S. 886 (U.S. 1984) (establishes hours × reasonable rate lodestar formulation)
- Saxton v. Secretary of Health & Human Services, 3 F.3d 1517 (Fed. Cir. 1993) (fees must exclude excessive, redundant, or unnecessary time)
- Hensley v. Eckerhart, 461 U.S. 424 (U.S. 1983) (reasonableness standard for hours in fee awards)
- Savin v. Secretary of Health & Human Services, 85 Fed. Cl. 313 (Fed. Cl. 2008) (requires contemporaneous, specific billing records)
- Perreira v. Secretary of Health & Human Services, 27 Fed. Cl. 29 (Fed. Cl. 1992) (reasonableness requirement applies to costs)