Becker v. Secretary of Health and Human Services
15-1358
| Fed. Cl. | Sep 22, 2017Background
- Petitioner Carl Becker filed a Vaccine Act claim (No. 15-1358V) alleging SIRVA from an October 14, 2013 Tdap vaccination.
- The parties stipulated to compensation, and Chief Special Master Dorsey issued a decision awarding compensation on December 6, 2016.
- On February 7, 2017, Becker moved for attorneys’ fees and costs requesting $20,400.00 in fees and $1,194.57 in costs (total $21,594.57).
- Counsel represented petitioner incurred no out-of-pocket expenses per General Order #9.
- Respondent filed a response noting she has no role in fee resolution under the Vaccine Act/Vaccine Rule 13 but conceded the statutory requirements for an award were met and deferred to the Special Master’s discretion.
- The Special Master reviewed billing records, found the request reasonable, and awarded the full $21,594.57 as a lump sum payable jointly to petitioner and counsel.
Issues
| Issue | Becker's Argument | HHS's Argument | Held |
|---|---|---|---|
| Whether petitioner is eligible for reasonable attorneys’ fees and costs under the Vaccine Act | Seeks $20,400 fees and $1,194.57 costs as reasonable and appropriate | Respondent states she is not a decisionmaker on fee awards but agrees statutory requirements are met | Awarded full $21,594.57; Special Master found request reasonable |
| Whether billing records justify the requested amount | Billing records support time and rates billed | No objection to reasonableness raised | No reductions made; hours and rates approved |
| Whether any additional client charges may be collected beyond the award | Counsel seeks the awarded sum to cover all legal expenses | Respondent did not contest this point | Award intended to cover all legal expenses; attorney barred from collecting more per §15(e)(3) |
| Whether judgment entry procedure applicable | N/A | Respondent noted Vaccine Rule 11(a) option to renounce review | Clerk instructed to enter judgment; Vaccine Rule 11(a) noted for expedited review (procedural) |
Key Cases Cited
- Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (attorney fee awards under the Vaccine Act encompass all charges and prevent additional client collection)