Mehabub Bhuiyan v. HHS - Hepatitis B, anaphylactic reaction and developed psychosis (2015)

Mehabub Bhuiyan, initially represented by his mother as he was a minor, filed a petition on December 8, 2005, alleging that he suffered an anaphylactic reaction and developed psychosis as a result of a hepatitis B vaccine received on January 23, 2003. The parties filed a stipulation regarding entitlement, and on January 11, 2013, Chief Special Master Campbell-Smith approved the stipulation, leading to a judgment entered on February 12, 2013, awarding Mehabub Bhuiyan $100,000 in compensation.

This decision by Special Master Lisa Hamilton-Fieldman addresses the petitioner's application for attorneys' fees and costs. The parties had agreed to settle the attorneys' fee portion for $95,000.

However, they could not agree on the remaining attorneys' costs or petitioner's personal costs, which primarily involved disputed expert fees. The respondent objected to various costs, including those for Dr.

Marcel Kinsbourne, Mr. George Buckner, Dr.

James Herivaux, Dr. Daniel Greenfield, and Kincaid Vocational Services, arguing they were unreasonable, unsupported, or related to medical treatment rather than litigation.

Petitioner's counsel, John F. McHugh, argued for the reasonableness of these costs.

Special Master Hamilton-Fieldman reviewed the disputed costs. Dr.

Kinsbourne's hourly rate was reduced from $500 to $400, and his compensable hours for reviewing records and preparing his report were reduced from 18.75 to 14.75 hours, resulting in an award of $7,235.00 for his services. Costs for Mr.

George Buckner and Dr. James Herivaux were denied, as the Special Master determined these represented medical treatment and therapy, compensable under the main award, and lacked sufficient documentation in Dr.

Herivaux's case. Costs for Dr.

Daniel Greenfield were also denied, deemed to be for medical treatment and lacking substantiation. Half of the requested costs for Kincaid Vocational Services ($2,600) were awarded, as the services were deemed informative for settlement but sought prior to crucial medical information.

Miscellaneous costs for FedEx were reduced due to overcharges and the determination that its use was excessive, resulting in an award of $370.50. A meal expense was partially awarded, with the cost of alcohol deducted, totaling $48.40.

Petitioner's requested personal costs for Mr. Buckner and Dr.

Herivaux were denied entirely. Ultimately, the Special Master awarded $95,000 in attorneys' fees and $15,553.70 in attorneys' costs, totaling $110,553.70, paid jointly to the petitioner and his counsel, Mr.

John F. McHugh.

Petitioner's personal costs were denied.