Mildred Lawrence v. HHS - Hepatitis B, rheumatologic injuries (2013)

Mildred Lawrence filed a petition on June 30, 2009, alleging that a hepatitis B vaccination had caused her to suffer rheumatologic injuries. She was initially represented by Ronald Homer of Conway, Homer & Chin-Caplan, whose supporting expert was Dr.

Paul J. Utz of Stanford University.

The case was originally assigned to Special Master Lord and reassigned to Special Master Hastings in September 2012. On November 29, 2012, Special Master Hastings issued a final decision denying compensation, finding that petitioner had not established her entitlement.

Judgment entered on January 3, 2013. Petitioner substituted Richard Gage of Cheyenne, Wyoming as counsel on November 1, 2011.

Mr. Gage filed a motion for a ruling on the record on April 26, 2012.

On February 20, 2013, Special Master Hastings awarded $39,345.59 in attorneys' fees and costs to petitioner and her former counsel, Mr. Homer.

Simultaneously, Mr. Gage filed a notice of election to pursue a civil action regarding the entitlement decision.

Mr. Gage filed a final motion for attorneys' fees and costs on March 15, 2013, requesting $6,235.06, and a supplement on March 28, 2013 requesting $345.14 in petitioner's out-of-pocket costs.

Respondent opposed the $6,235.06 but not the $345.14. Special Master Hastings found that Mr.

Gage had a reasonable basis for taking the case given the supporting medical opinion from Dr. Utz and other circumstantial evidence, and approved Mr.

Gage's hourly rate of $260.00, which was consistent with the progression of reasonable hourly rates for vaccine attorneys in Cheyenne, Wyoming. The special master reduced Mr.

Gage's paralegal rate from $135.00 to $100.00 per hour, in line with recent decisions involving Cheyenne and Missoula attorneys, and disallowed billing entries for secretarial tasks and one entry for conferring with former counsel. Special Master Hastings awarded $5,413.56 in attorneys' fees and costs, payable jointly to Ms.

Lawrence and Mr. Gage, plus $345.14 in petitioner's costs payable to Ms.

Lawrence.