A recent NLJ story, “Federal Circuit: Lawyers in Vaccine Cases Not Entitled to Fees that Apply to in Complex Litigation” reports that in a precedential opinion, Rodriguez v. Secretary of Health and Human Services, the U.S. Court of Appeals for the Federal Circuit has affirmed a federal claims court decision approving attorney fees for lawyers handling vaccine cases based on “reasonably hourly rates” of similar practitioners. The appeals court rejected the higher rate sought by the petitioner, based on U.S. Department of Justice rates for lawyers handling complex litigation.
A Special Master for the U.S. Court of Federal Claims in Washington, DC set the fee award based on an analysis of hourly rates of lawyers handling National Childhood Vaccine Injury Act cases in the forum. The special master’s ruling rejected rates based on the Laffey Matrix, used by DOJ to compensate lawyers who successfully try complex federal litigation. The Laffey Matrix and the Adjusted Laffey Matrix are a schedule of hourly rates maintained by the DOJ to compensate attorneys prevailing in complex federal litigation. The Federal Circuit affirmed that ruling, which deemed that vaccine cases aren’t comparable to those in which the Laffey Matrix applies, even though vaccine cases can involve complicated medical issues and require “highly skilled counsel.”
Northern District of California Judge Ronald Whyte, who sat on the case by designation, authored the opinion. Whyte listed several reasons why cases under the Vaccine Act are less complex than other federal cases. These include the following: relaxed causation standards; streamlined procedural rules; lack of discovery disputes; and the fact that the rules of evidence do not apply. Whyte also noted that Vaccine Act attorneys do not need to win to receive attorney fees, assuring them of compensation in every case.
In the underlying case, New York solo practitioner John McHugh filed a fee petition, requesting $94,642 in attorney fees. That total was based on three different hourly rates for different time periods: $598 for work performed in May 2006; $614 for work done between June 2006 and May 2007; and $645 for work done after May 2007. The special master cut the hourly rate for McHugh’s services to $310 for 2006, $320 for 2007, and $335 for 2009.