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Ahmed v. Secretary of Health and Human Services
16-684
Fed. Cl.
Dec 11, 2017
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Background

  • Petitioner filed a Vaccine Act petition alleging SIRVA (shoulder injury) from a February 24, 2015 Tdap vaccination on June 10, 2016.
  • The parties stipulated to compensation and the Chief Special Master issued a decision awarding compensation on April 10, 2017.
  • Petitioner moved for attorneys’ fees and costs on April 18, 2017, seeking $20,979.50 in fees and $604.14 in costs (total $21,583.64).
  • Respondent stated she has no role in resolving petitioner’s fee request but agreed the statutory requirements for an award were met and left determination of a reasonable amount to the Special Master.
  • The Special Master reviewed billing records, found the request reasonable, and awarded the requested lump-sum payment jointly payable to petitioner and counsel.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether petitioner is entitled to an award of attorneys’ fees and costs under the Vaccine Act Fees and costs requested are reasonable and supported by billing records Respondent: no role in fee determination but agrees statutory requirements are met; defers reasonableness to the Special Master Awarded the full requested amount ($21,583.64) as reasonable

Key Cases Cited

  • Beck v. Sec'y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (attorney prevented from collecting fees in addition to the amount awarded under § 15(e)(3))
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Case Details

Case Name: Ahmed v. Secretary of Health and Human Services
Court Name: United States Court of Federal Claims
Date Published: Dec 11, 2017
Docket Number: 16-684
Court Abbreviation: Fed. Cl.