Friedman v. HHS - Hepatitis B, injuries related to a Hepatitis B vaccination (2010)

Friedman filed a petition in 2002 alleging that a hepatitis B vaccination caused injury. The petitioner was initially represented by Ronald Homer of Conway, Homer & Chin-Caplan; Robert T.

Moxley of Cheyenne, Wyoming was substituted as counsel on December 14, 2006. In October 2008, the parties reached a stipulated settlement awarding the petitioner a lump sum of $50,000.00 for vaccine-related injuries.

Following the settlement, petitioner's counsel filed a petition for attorneys' fees and costs on March 31, 2009, requesting $27,469.63 based on Laffey Matrix rates of $425 to $465 per hour for Mr. Moxley's services across 2006 through 2009.

Respondent objected to the proposed rates, number of hours, paralegal rate, and the rate proposed for Dr. Levin.

The special master issued a fees decision on October 21, 2009, awarding Mr. Moxley at Cheyenne forum rates of $210 to $220 per hour rather than DC Laffey Matrix rates, consistent with the analysis applied to Mr.

Moxley in the parallel Masias litigation. Petitioner filed a motion for review of the fees decision on January 4, 2010, arguing that the special master had applied incorrect standards.

Petitioner also moved for summary affirmance of the undisputed portion, de novo determination of fees for litigating the fees dispute, and certification of legal questions to the Federal Circuit. The Court of Federal Claims, Judge Damich, denied all four motions, finding that the special master had considered the relevant evidence, drawn plausible inferences, and articulated a rational basis for his decision.

The court found that the special master's fees determination was not arbitrary, capricious, an abuse of discretion, or contrary to law.