Walker v. Secretary of Health and Human Services
14-921
| Fed. Cl. | May 23, 2017Background
- Petitioner Harvey Walker filed a Vaccine Act petition alleging rheumatoid arthritis caused by a 2012 trivalent influenza vaccination; parties stipulated to compensation and a damages decision was issued December 5, 2016.
- Petitioner moved for attorneys’ fees and costs on March 31, 2017, seeking $22,636.70 in attorney fees, $3,828.92 in attorney costs, and $350.00 in petitioner costs (total $26,815.62).
- Petitioner submitted contemporaneous billing records, itemized costs, and a signed statement per General Order No. 9.
- Respondent filed a response stating the statutory requirements for fees were satisfied and deferred to the Special Master’s discretion to determine a reasonable amount.
- The Special Master applied the lodestar approach, reviewed rates/hours and supporting documentation, found the requested hourly rates and hours reasonable, and found the requested costs reasonable.
- The Special Master awarded the full requested amount: $26,465.62 jointly payable to petitioner and counsel for attorneys’ fees and costs, and $350.00 payable to petitioner for petitioner’s costs. Entry of judgment was ordered absent review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioner is entitled to an award of reasonable attorneys’ fees and costs under the Vaccine Act | Walker argued he is entitled because the claim was prosecuted in good faith with a reasonable basis and resulted in compensation by stipulation | HHS agreed statutory requirements were met and left the determination of a reasonable amount to the Special Master’s discretion | Award of attorneys’ fees and costs granted in full |
| Whether requested hourly rates are reasonable | Counsel supported rates with prior awards and contemporaneous billing; relied on previously approved rates for the same attorneys | Respondent did not oppose the specific rates and deferred to Special Master | Special Master found the requested rates reasonable based on prior awards and records |
| Whether billed hours and tasks were reasonable and supported | Walker provided contemporaneous, specific billing entries showing tasks and hours | Respondent raised no objection to the hours and recommended Special Master determine reasonableness | Special Master reviewed entries, found hours reasonable and awarded them without line-by-line reductions |
| Whether requested litigation costs (filing fee, expert fees, record costs) and petitioner costs were reasonable | Walker itemized and produced receipts for costs | Respondent raised no objection | Costs found reasonable and awarded in full |
Key Cases Cited
- Avera v. Secretary of Health & Human Services, 515 F.3d 1343 (Fed. Cir.) (lodestar method governs Vaccine Act fee awards)
- Perreira v. Secretary of Health and Human Services, 27 Fed. Cl. 29 (Fed. Cl.) (special masters have wide discretion in fee determinations)
- Saxton v. Secretary of Health and Human Services, 3 F.3d 1517 (Fed. Cir.) (hours that are excessive, redundant, or unnecessary may be excluded)
- Blum v. Stenson, 465 U.S. 886 (U.S.) (lodestar formulation)
- Hensley v. Eckerhart, 461 U.S. 424 (U.S.) (court may reduce hours that are excessive or unnecessary)
- Savin v. Secretary of Health & Human Services, 85 Fed. Cl. 313 (Fed. Cl.) (requirement for contemporaneous, specific billing records)
- Sabella v. Secretary of Health & Human Services, 86 Fed. Cl. 201 (Fed. Cl.) (special master may reduce fees sua sponte)
- Broekelschen v. Secretary of Health & Human Services, 102 Fed. Cl. 719 (Fed. Cl.) (no requirement for line-by-line fee analysis)
- Beck v. Secretary of Health & Human Services, 924 F.2d 1029 (Fed. Cir.) (award covers all legal expenses and prevents additional attorney charges)