Holden Rupert v. HHS - other (2002)

On September 20, 1999, Andrea Rupert filed a claim for compensation under the National Childhood Vaccine Injury Act on behalf of her son, Holden Rupert. The specific vaccine and alleged injury are not detailed in this decision.

The petitioner voluntarily withdrew her case on October 30, 2000. Following the withdrawal, the petitioner sought an award of attorneys' fees and costs.

Special Master John F. Edwards awarded the petitioner $11,687.50 in attorneys' fees and costs, which included 14.50 hours of work by Kevin Conway, Esq., at $250.00 per hour; 15.00 hours by Ronald Homer, Esq., at $225.00 per hour; 62.50 hours of paralegal work at $75.00 per hour; and $2,160.00 in costs.

The respondent appealed this award, arguing that the special master applied the incorrect legal standard in determining the hourly rates for the attorneys and paralegals. The Court of Federal Claims reviewed the special master's decision, finding ambiguity in the determination of the prevailing market rate for attorneys and paralegals in Boston.

The court noted that the special master's reasoning for the hourly rates was not clearly articulated, particularly regarding the reliance on an affidavit from Stephen I. Lipman, Esq., and the determination of the paralegal rate.

The court remanded the case to the special master to make an explicit finding of the prevailing market rate or, if none could be determined, to develop a reasonable rate. The specific outcome of the fee award determination after remand is not specified in the provided text, but the underlying claim was withdrawn.