Scott Scharfenberger v. HHS - Influenza, Guillain-Barré syndrome (2015)

Scott Scharfenberger filed a petition on April 8, 2011, alleging that an influenza vaccination caused him to develop Guillain-Barré syndrome. After negotiations that included a mediation session in December 2013, the parties filed a stipulation, and the Special Master issued a damages decision on February 7, 2014, awarding a lump sum of $270,000.

Petitioner subsequently filed a motion for attorneys' fees and costs requesting $103,153.01. Special Master Gowen reduced the award to $79,213.71 in a decision issued May 15, 2015.

The key reductions were: (1) Mr. Kalinowski's hourly rate was reduced from $361 to $305 per hour, with the SM applying the prevailing rate in the Vaccine Program rather than the D.C. general market or the Laffey matrix; (2) paralegal rates above $125 per hour were reduced to $125; and (3) costs associated with a Zuckerman Spaeder, LLP expert who opined on attorney fee rates were denied in full, as the SM had not requested outside expert assistance for that purpose and found the expert lacked relevant Vaccine Program experience.

Petitioner sought review. On November 10, 2015, Judge Williams of the Court of Federal Claims affirmed the Special Master's fee award, finding no legal error or abuse of discretion.

The Court confirmed that the Vaccine Program provides the appropriate forum rate baseline for Vaccine Program attorneys, and that the SM had correctly applied the lodestar method. The Court additionally awarded petitioner $22,412.76 in attorneys' fees and costs related to the motion for review, applying the same hourly rates as the Special Master.