Catherine Richards v. HHS - DPT, Guillian-Barre Syndrome (GBS) (1997)

On November 10, 1992, petitioners sought compensation under the National Vaccine Injury Compensation Program for their minor daughter, Catherine Richards. They alleged that Catherine suffered Guillain-Barre Syndrome (GBS), an "off-table" injury, as a result of a diphtheria-pertussis-tetanus (DPT) vaccination administered on September 28, 1990.

Following an evidentiary hearing, the Special Master issued a decision on February 21, 1995, finding Catherine entitled to compensation. The parties subsequently reached a settlement on the compensation amount, filing a joint stipulation on July 15, 1996.

Petitioners then filed an application for attorneys' fees and costs on August 22, 1996, requesting $89,309.00 in fees and $25,686.53 in costs. The Government objected, and after further filings, the Special Master issued a decision on February 26, 1997, awarding $36,732.00 in attorneys' fees and $20,000.00 in costs.

Petitioners sought review of this decision, specifically objecting to the reduction in the hourly rate for lead attorney Mr. Hebbler from $175 to $150, the reduction in his allowed hours from 472.8 to 220.8, and the reduction in costs from $25,686.53 to $20,000.00.

The court reviewed the Special Master's decisions regarding attorneys' fees and costs. The court upheld the Special Master's award of $36,732.00 in attorneys' fees, finding that the reduction in hourly rate and hours was supported by a rational basis and did not constitute an abuse of discretion.

However, the court modified the award for costs upward to $23,105.03, determining that the Special Master's reduction of costs was arbitrary and lacked sufficient explanation. The court made its own determination of reasonable costs, disallowing certain expenses such as excessive Federal Express charges, overhead costs like binders and facsimiles, and membership fees, while allowing others like postage and phone expenses.

The total award, combining attorneys' fees and costs, was $59,837.03. The opinion was issued by Judge Bruggink on June 23, 1997.