White v. Secretary of Health and Human Services
15-917
| Fed. Cl. | Jul 10, 2017Background
- 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).
