Vanderpoel v. Secretary of Health and Human Services
15-899
Fed. Cl.Jun 12, 2017Background
- Petitioner filed a Vaccine Act claim on Aug 19, 2015 asserting that an Oct 14, 2014 influenza vaccine caused CIDP.
- A merits decision on Mar 16, 2017, awarded compensation to Petitioner per a joint stipulation.
- On Apr 14, 2017, Petitioner sought attorneys’ fees of $28,868.75 and costs of $1,877.72, stating no personal expenses were incurred.
- Respondent indicated the statutory requirements for fees and costs were met and urged a reasonable award.
- Special Master applied the lodestar approach, determined forum rates, and made downward rate reductions for two attorneys; hours expended were deemed reasonable; costs deemed reasonable.
- Total award: $22,445.35, consisting of $20,567.63 in attorneys’ fees and $1,877.72 in costs, payable jointly to Petitioner and Locks Law Firm.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the lodestar amount for fees and costs is reasonable. | Vanderpoel contends requested hours/rates are reasonable. | Respondent approves consideration and supports a reasonable award. | Yes; overall award found reasonable after rate/hour adjustments and reductions. |
| What hourly rates are appropriate for counsel given forum vs local considerations. | Vanderpoel's team seeks higher forum rates based on experience and locality. | Forum rate applies but local adjustments may apply under Davis County if warranted. | McCulloch forum rate ranges applied; Lindheim limited to $382.50/hr and Weinstein limited to $187.50/hr. |
| Whether the two attorneys’ hourly rate reductions were justified. | Rates are within established ranges given experience. | Rates exceed typical ranges for their experience; reductions warranted. | Yes; reductions applied: Lindheim $3,686.12 and Weinstein $4,615.00. |
| Whether hours expended were reasonable. | Hours charged reflect necessary work. | No substantive challenge to hours; hours found reasonable. | Yes; 39.85 hours (Lindheim) and 28.40 hours (Weinstein) deemed reasonable. |
| Whether costs are reasonable and should be reimbursed in full. | Costs reasonable and necessary for prosecution. | Costs should be reimbursed as reasonable. | Yes; costs of $1,877.72 awarded in full. |
Key Cases Cited
- Avera v. Sec’y of Health & Human Servs., 515 F.3d 1343 (Fed. Cir. 2008) (lodestar method for Vaccine Act fees and costs)
- Davis Cty. v. Sec’y of Health & Human Servs., 169 F.3d 758 (D.C. Cir. 1999) (forum vs local rate with significant difference consideration)
- McCulloch v. Sec’y of Health & Human Servs., 27 F.3d 1277 (Fed. Cl. 2015) (forum rate ranges by experience; used to set rates)
- Savin v. Sec’y of Health & Human Servs., 85 Fed. Cl. 313 (2008) (contemporaneous billing records required)
- Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (limits on fees and costs awarded under Vaccine Act)