Ward v. Secretary of Health and Human Services
16-635
| Fed. Cl. | Dec 8, 2017Background
- Petitioner Maxine Ward filed a Vaccine Act claim alleging SIRVA after a September 1, 2015 influenza vaccination; entitlement was awarded based on respondent’s proffer (decision issued November 15, 2016).
- Petitioner moved for attorneys’ fees and costs on February 6, 2017, requesting $26,467.50 in fees and $3,721.68 in costs (total $30,189.18); petitioner also reported $6.85 in out-of-pocket expenses.
- Respondent did not contest entitlement to attorneys’ fees and costs but asked the special master to exercise discretion in determining a reasonable amount.
- The special master applied prior reasoning from Henry v. Sec’y of HHS concerning reasonable hourly rates for the McLaren firm, and reviewed the billing records for reasonableness.
- The special master reduced (1) attorney travel time fees to 50% of billed rate, producing a $2,094.50 reduction, and (2) paralegal rates for 2016/2017 from $150 to $145/hour, producing a $218.50 reduction.
- The special master awarded a total of $27,883.03: $27,876.18 jointly to petitioner and counsel for attorneys’ fees and costs, plus $6.85 to petitioner for her expenses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether statutory requirements for awarding fees/costs are met | Ward sought full requested attorneys’ fees and costs ($30,189.18) | Respondent agreed statutory requirements are met and deferred to special master on reasonableness | Statutory requirements met; award of fees and costs appropriate |
| Reasonableness of billed hours | Counsel’s submitted hours were reasonable and should be compensated in full | Respondent did not challenge hours; recommended special master determine reasonable amount | Special master found hours reasonable and made no reductions to hours billed |
| Reasonable hourly rates for travel time | Firm billed full hourly rate for attorney travel time | Special master and prior precedent apply 50% reduction for travel time | Travel time awarded at 50% of billing rate; reduced fees by $2,094.50 |
| Paralegal hourly rates for 2016–2017 | Paralegals billed $150/hr for 2016–2017 | Special master, citing Henry precedent, reduced 2016–2017 paralegal rate to $145/hr | Paralegal rate reduced to $145/hr; reduced fees by $218.50 |
Key Cases Cited
- Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (attorney fee awards in Vaccine Program cover all charges and bar additional collection from the client)