Benshoff v. Secretary of Health and Human Services, 16-489

Petitioner Christine Benshoff filed a Vaccine Act petition alleging right shoulder injury from an influenza vaccine administered on October 23, 2014.
The case proceeded in the Office of Special Masters (No. 16-0489V). Respondent proffered compensation, and the special master issued a decision awarding compensation on September 6, 2016.
Petitioner moved for attorneys’ fees and costs on February 1, 2017, seeking $13,190.50 in fees and $655.13 in costs (total $13,845.63), and reported no out-of-pocket costs by the client.
Respondent filed a response stating he did not object to the overall amount sought but reserved objections to specific rates, hours, or costs.
The special master reviewed the request, found it reasonable, and granted the full requested award for attorneys’ fees and costs, payable jointly to petitioner and counsel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Entitlement to attorneys’ fees and costs under the Vaccine Act	Benshoff sought reasonable attorneys’ fees and costs totaling $13,845.63 for work performed in the matter.	HHS did not object to the overall amount as unreasonable but preserved the right to challenge specific rates, hours, or costs.	Award granted in full: $13,845.63 to be paid jointly to petitioner and counsel.
Whether requested amount was reasonable	Fees and costs as billed were reasonable for the proceedings to date.	Respondent declined to challenge reasonableness of the overall amount.	Court found request reasonable and awarded the full amount.
Whether any additional client charges may be collected beyond award	Implicitly: petitioner’s counsel sought reimbursement covering all legal expenses incurred.	Respondent reserved rights to challenge fee components, but no such challenge was pressed.	Award covers all legal expenses; attorney barred from collecting additional fees under § 15(e)(3) and precedent.
Formal entry of judgment and potential expedited review renunciation	N/A (procedural)	N/A	Clerk directed to enter judgment; parties may renounce review per Vaccine Rule 11(a).

Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (attorney fees award under Vaccine Act covers all charges and prevents additional collection from the client)