Woods v. Secretary of Health & Human Services
105 Fed. Cl. 148
| Fed. Cl. | 2012Background
- Petitioners Woods and Ford filed a Vaccine Act petition on behalf of their son Cason Ford alleging the October 22, 2009 flu/H1N1 vaccination caused Guillain-Barré Syndrome (GBS) and sought $250,000 for pain and suffering plus Medicaid reimbursement.
- Cason was diagnosed with GBS after vaccination in early 2010; petition filed June 18, 2010.
- The petition was supported with hundreds of pages of medical records but apparently no expert reports.
- Petitioners were represented by counsel who withdrew in October 2011 due to irreconcilable differences, after which Petitioners proceeded pro se.
- On December 16, 2011, the Special Master awarded interim attorneys’ fees to former counsel, finding the petition filed in good faith with a reasonable basis."
- Petitioners’ counsel had pursued the claim but communication with Petitioners deteriorated; Petitioners faced multiple status conferences and orders to prosecute or show cause through June 2012.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Special Master had authority to award interim fees before judgment | Woods argued interim fees permitted | Respondent contends no interim fees without judgment | Yes, authority exists; remand on reasonable basis for claim |
| Whether Petitioners’ claim had a reasonable basis | Woods maintained the claim had a reasonable basis | Woods’ basis lacked medical/alleged support; relied on settlement discussions | Remanded to determine if claim had a reasonable basis; settlement alone insufficient |
Key Cases Cited
- Avera v. Secretary of Health & Human Servs., 515 F.3d 1343 (Fed. Cir. 2008) (interim fees permitted; purpose to ensure competent counsel)
- Shaw v. Secretary of Health & Human Services, 609 F.3d 1372 (Fed. Cir. 2010) (reaffirms interim fees before entitlement; no prevailing party requirement)
- McKellar v. Secretary of Health and Human Services, 101 Fed.Cl. 297 (Fed. Cl. 2011) (interim fees before entitlement; factors not limited to one scenario)
- Perreira v. Sec’y of Health and Human Servs., 33 F.3d 1375 (Fed. Cir. 1994) (reasonableness requires more than speculative expert opinion)
- Cloer v. Sec’y of Health & Human Servs., 675 F.3d 1358 (Fed. Cir. 2012) (vaccine act fee awards; supports interim fee framework)