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