History
  • No items yet
midpage
White v. Secretary of Health and Human Services
15-917
| Fed. Cl. | Jul 10, 2017
Read the full case

Background

  • Petitioner Patricia M. White filed a Vaccine Program petition alleging a shoulder injury from the September 27, 2014 influenza vaccination.
  • Parties filed a stipulation for damages on February 16, 2017, which the Special Master adopted the same day.
  • Petitioner moved for final attorney’s fees and costs on April 25, 2017, seeking $37,411.12 ($35,831.00 in fees and $1,580.42 in costs).
  • Petitioner’s counsel is the firm Black McLaren (attorneys McLaren, Cochran, Webb); petitioner requested forum rates previously awarded to that firm.
  • Respondent stated the statutory criteria for an award were met and deferred to the Special Master on the amount.
  • The Special Master found the requested hourly forum rates and billed hours reasonable, and awarded the full requested fees and costs, to be paid jointly to Petitioner and counsel.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Entitlement to fees and costs White, as the successful Vaccine Program petitioner, is entitled to attorney's fees and costs. Respondent agreed statutory requirements met; left amount to Special Master's discretion. Entitlement established; award appropriate.
Hourly forum rates for Black McLaren Requested the same forum rates previously awarded in Pancoast and consistent 2017 increase. Did not oppose forum rates here. Special Master awarded the requested forum rates.
Reasonableness of hours and costs Requested fees reflect reasonable hours by three attorneys and paralegals; costs totaled $1,580.42. Respondent raised no objections to reasonableness of hours or costs. Hours and costs found reasonable; full amount awarded.
Form and recipient of payment Requested payment be issued to petitioner and counsel. No objection. Ordered payment of $37,411.12 payable jointly to Petitioner and William Cochran, Esq.

Key Cases Cited

None (the decision referenced prior Special Master decisions reported at WL but did not cite any officially reported cases).

Read the full case

Case Details

Case Name: White v. Secretary of Health and Human Services
Court Name: United States Court of Federal Claims
Date Published: Jul 10, 2017
Docket Number: 15-917
Court Abbreviation: Fed. Cl.