Hall v. Secretary of Department of Health & Human Services

93 Fed. Cl. 239, 2010 U.S. Claims LEXIS 281, 2010 WL 1840837
CourtUnited States Court of Federal Claims
DecidedJune 3, 2010
DocketNo. 02-1052 V
StatusPublished
Cited by19 cases

This text of 93 Fed. Cl. 239 (Hall v. Secretary of Department of Health & Human Services) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hall v. Secretary of Department of Health & Human Services, 93 Fed. Cl. 239, 2010 U.S. Claims LEXIS 281, 2010 WL 1840837 (uscfc 2010).

Opinion

OPINION AND ORDER

BUSH, Judge.

Petitioner established that she was entitled to compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-l to -34 (2006) (the Vaccine Act), for an injury to her shoulder caused by a hepatitis B vaccination. On July 28, 2009, the special master awarded $64,488.14 in interim attorneys’ fees and costs, an amount the special master concluded was not subject to reasonable dispute (Interim Fees Opin.). On October 6, 2009, the special master awarded petitioner $22,018 in additional attorneys’ fees and $3675 in additional costs (Final Fees Opin.). Now pending before the court is petitioner’s motion for review of the special master’s October 6, 2009 final decision on attorneys’ fees and costs. In addition, the parties have filed a joint motion pursuant to Rule 60(a) of the Rules of the United States Court of Federal Claims (RCFC) for relief from the judgment of the special master. According to both petitioner and respondent, the October 6, 2009 decision failed to account for the fees and costs already paid to petitioner on an interim basis. For the reasons stated below, the court hereby denies petitioner’s motion for review, grants the parties’ joint motion for relief pursuant to RCFC 60(a) and affirms the special master’s decision in all other respects.

BACKGROUND

I. Litigation History

Petitioner filed a claim under the Vaccine Act on August 23, 2002, alleging that a hepatitis B vaccination she received in 1999 had caused brachial plexus neuropathy. On September 12, 2007, the special master issued a decision holding that petitioner was entitled to compensation for her injury. Ms. Hall was awarded compensation in a decision dated December 4, 2008. Judgment was entered accordingly on January 23, 2009, and petitioner elected to accept the judgment the next day.

On April 17, 2009, Ms. Hall filed an application for interim attorneys’ fees and costs, which requested $83,400.34, including $63,777.75 in attorneys’ fees, $15,174.84 in attorneys’ costs, and $4447.75 in costs incurred by petitioner during the litigation.2 Fee Application at 1, Ex. 1 Tab A Because she had successfully established her entitlement to compensation under the Vaccine Act, Ms. Hall was entitled to an award of reasonable attorneys’ fees and costs.3 42 U.S.C. § 300aa-15(e).

On July 28, 2009, the special master issued a decision awarding a portion of the attor[242]*242neys’ fees and costs requested by petitioner. The special master awarded $51,854.55 in attorneys’ fees and $12,633.59 in costs, which he believed were not subject to reasonable dispute. On July 31, 2009, the parties filed a joint notice indicating that neither party would seek review of the special master’s award of interim fees and costs.

On October 6, 2009, the special master issued a final decision awarding petitioner $22,018 in additional attorneys’ fees and $3675 in additional costs. On November 5, 2009, petitioner filed her motion for review of the special master’s decision (Pet.’s Mot.) and a supporting memorandum of objections (Pet.’s Mem.). In her motion for review, Ms. Hall argues that the special master erred in declining to award attorneys’ fees based on the rates prevailing in the forum market of Washington, DC.

On December 7, 2009, the parties filed a joint motion for relief from the judgment of the special master pursuant to RCFC 60(a). The parties agree that in awarding attorneys’ fees and costs to petitioner, the special master’s final fees decision failed to account for the fees and costs that had already been awarded to petitioner on an interim basis. The parties’ joint motion requests that the court deduct $23,461.30 from the special master’s final award of attorneys’ fees and costs, resulting in a total award of $2231.70, rather than $25,693.

II. The Special Master’s Interim Fees Decision

In her fee application, Ms. Hall requested total attorneys’ fees and costs in the amount of $83,400.34. The special master awarded petitioner $64,488.14 on an interim basis, including $51,854.55 in attorneys’ fees and $12,633.59 in costs. The special master explained that the fees and costs awarded on an interim basis were not subject to reasonable dispute by the parties.

Petitioner’s application for attorneys’ fees covered the time period between August 2002 and April 2009. During that entire time, petitioner was represented by Mr. Richard Gage. Between August 2002 and December 2005, Mr. Gage was associated with the law firm of Gage & Moxley, P.C. Between January 2006 and the present, Mr. Gage has been practicing with the law firm of Richard Gage, P.C. Both of Mr. Gage’s law firms were located in Cheyenne, Wyoming during the relevant time periods. In her fee application, however, petitioner requested reimbursement for attorneys’ fees at dramatically different hourly rates for those two periods of time. The attorneys’ fees awarded by the special master for work performed between 2002 and 2005 were not challenged by respondent and are not at issue in this case.4

For legal work performed between 2006 and 2009, petitioner sought attorneys’ fees for Mr. Gage based on rates ranging from $360 to $410 per hour. Fee Application Ex. 1 Tab D. Petitioner’s requested fees were based on forum rates derived from the Laf-fey matrix, which is discussed infra at note 6, and would have resulted in a total fee award of $34,938.50 for the relevant time period. The government objected to the fees proposed by petitioner, but stated that it would not object to an hourly rate of $200 for Mr. Gage, which was the rate awarded to Mr. Gage in an earlier case in 2004. The special master adjusted respondent’s proposed hourly rate for inflation and awarded petitioner interim attorneys’ fees based on hourly rates ranging from $219 to $239 for the period between 2006 and 2009, which resulted in a total interim fee award of $23,461.30 for that period. Respondent has not challenged the fees awarded on an interim basis for the years 2006 through 2009. There is a dispute between the parties, however, regarding the difference between the interim fee award and the total fee award requested by petitioner. That difference arises as a result of the higher forum rates sought by Mr. Gage for the period between 2006 and 2009. With respect to attorneys’ fees, the amount in dispute for the period between 2006 and 2009 is $11,477.20.5 The special master’s interim [243]*243fees decision stated that the disputed portion of petitioner’s fee request would be addressed in a separate decision on attorneys’ fees and costs.

III. The Special Master’s Final Fees Decision

On October 6, 2009, the special master issued a final decision awarding petitioner $22,018 in attorneys’ fees and $3675 in costs. As noted by the parties in their RCFC 60(a) motion, the final fees decision indicated that the fees and costs awarded in that final decision were in addition to the attorneys’ fees and costs previously awarded to petitioner on an interim basis.

As previously stated, petitioner requested $34,938.50 in attorneys’ fees for the period between January 2006 and April 2009. Petitioner’s fee application sought compensation for Mr.

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93 Fed. Cl. 239, 2010 U.S. Claims LEXIS 281, 2010 WL 1840837, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hall-v-secretary-of-department-of-health-human-services-uscfc-2010.