Woodward v. Secretary of Health and Human Services
15-1130
| Fed. Cl. | Aug 23, 2017Background
- Petitioner James Woodward filed a Vaccine Act petition alleging Guillain-Barré Syndrome caused by a TDaP vaccine (filed Oct. 6, 2015).
- The parties filed a joint stipulation; Special Master Gowen awarded compensation to petitioner on March 9, 2017.
- Petitioner moved for attorneys’ fees and costs on July 14, 2017, requesting $28,387.00 in fees and $1,406.34 in costs (total $29,793.34).
- Respondent filed a response stating he takes no position on fee resolution but agrees statutory requirements are met and defers to the Special Master’s discretion.
- The Special Master reviewed billing records and found the request reasonable except for two hours of attorney travel billed at full rate; travel is typically billed at half-rate absent evidence attorney worked while traveling.
- The Special Master reduced the travel billing by 50% and awarded a lump sum of $29,492.34 jointly payable to petitioner and counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioner is entitled to reasonable attorneys’ fees and costs under the Vaccine Act | Fees and costs requested are reasonable and recoverable following the awarded compensation | Respondent: Vaccine Act/Rule do not require respondent to resolve fee requests; concurs statutory requirements met and defers to Special Master to set a reasonable award | Award of fees and costs granted; total reduced modestly for travel billing ($29,492.34 awarded) |
| Whether travel time billed at full attorney rate is reasonable | Counsel billed 2 hours travel at full rate | Respondent did not contest specifics; Special Master reviews reasonableness | Travel billed at full rate reduced by 50% because no showing attorney worked during travel |
Key Cases Cited
- Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (attorney cannot collect fees in addition to the amount awarded under § 15(e))