Basko v. Secretary of Health and Human Services, 16-142

Petitioner Carol Basko filed a Vaccine Program petition alleging left shoulder injuries (rotator cuff bursitis, tendonitis, and impingement) from a September 30, 2014 influenza vaccination.
The parties executed a stipulation, and on January 27, 2017 the Chief Special Master issued a decision awarding compensation to petitioner.
On February 14, 2017 petitioner moved for attorneys’ fees and costs seeking $15,608.50 in fees and $840.15 in costs (total $16,448.15). Counsel stated petitioner had no out-of-pocket expenses.
Respondent filed a limited response noting she plays no adjudicative role under the Vaccine Act but was satisfied the statutory requirements for an award were met and deferred to the Special Master’s discretion on amount.
The Chief Special Master reviewed counsel’s billing records, found the requested hours and rates reasonable, and awarded the full requested amount as a lump-sum check payable jointly to petitioner and counsel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether petitioner is entitled to an award of reasonable attorneys’ fees and costs under the Vaccine Act	Fees and costs are recoverable under 42 U.S.C. §300aa-15(e) following a successful compensation award	Respondent notes she has no role in fee determination but agrees statutory requirements are met	Award granted — statutory entitlement satisfied
Whether the requested hourly rates and billed hours are reasonable	Requested $15,608.50 in fees and $840.15 in costs supported by billing records	Respondent did not contest reasonableness and deferred to Special Master discretion	Billing records reviewed and fees/costs found reasonable; no reductions made
Form of payment and scope of award	Request that award cover all legal expenses and be paid to petitioner and counsel jointly	Respondent did not oppose the requested form of payment	Lump-sum award of $16,448.15 jointly payable to petitioner and counsel ordered; award covers all legal expenses and advanced costs
Whether counsel may collect additional fees from petitioner beyond the award	Counsel implicitly seeks recovery only through the Vaccine Program award	Respondent did not argue otherwise	§15(e)(3) bars counsel from charging/collecting fees in addition to the award (cited in decision)

Beck v. Sec'y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir.) (attorney cannot charge or collect fees beyond the amount awarded under the Vaccine Act)