David A. Brown v. HHS - Influenza, acute disseminated encephalomyelitis (2013)

David A. Brown filed a petition on June 29, 2009, alleging that an influenza vaccine caused him to develop acute disseminated encephalomyelitis (ADEM).

Special Master Millman held an entitlement hearing on September 1-2 and November 4, 2010, and issued a ruling on entitlement in favor of Mr. Brown on September 30, 2011.

Respondent filed a damages proffer on October 3, 2012, and Special Master Millman issued a damages decision on October 4, 2012. Interim attorneys' fees and costs of $229,829.68 plus $8,128.85 in petitioner's costs were awarded on February 29, 2012.

Mr. Brown's counsel, Lisa A.

Roquemore of Irvine, California, filed a final application for attorneys' fees and costs on January 4, 2013, requesting $70,887.70 in attorneys' fees and costs for the period from October 2011 through January 2013, $43,878.14 for life care planner Liz Holakiewicz, and $2,400.00 in petitioner's unreimbursed litigation costs. A reply filed on February 1, 2013 requested an additional $11,368.50 in fees, bringing the total request to $128,534.34.

Special Master Millman approved Ms. Roquemore's hourly rate of $355.00 and her paralegal's rate of $125.00 as consistent with the Washington, D.C. forum rate established in Avera.

The special master reduced several billing categories as excessive: 1.1 hours of speculative conversation about a pending Federal Circuit case; 6.6 hours devoted to a meritless argument that Medicare payments should not be offset because the Medicare trust fund might be depleted in 2024; 7.1 of 31.1 hours billed for responding to fee objections (reduced to 24 hours); and approximately 44% of 36 hours billed for communications with the life care planner (reduced to 20 hours consistent with Torday, involving the same counsel and life care planner). Ms.

Holakiewicz corrected a billing error of approximately 10 hours and resubmitted a revised invoice of $38,210.64, which the special master approved. Ms.

Roquemore's hourly rate for general file review entries at the start of each month was disallowed. Special Master Millman awarded final attorneys' fees and costs of $109,035.84, comprised of $70,534.50 in attorneys' fees, $290.70 in firm costs, and $38,210.64 for the life care planner, payable jointly to Mr.

Brown and the Law Offices of Lisa A. Roquemore.

Petitioner's unreimbursed costs of $2,400.00 were also awarded.