Brenner v. Secretary of Health and Human Services, 16-656

Petitioner Joann Brenner filed a Vaccine Act claim alleging a left shoulder injury related to a November 1, 2014 influenza vaccination.
The Chief Special Master issued a decision awarding compensation on respondent’s proffer on November 15, 2016.
Petitioner then filed a motion for attorneys’ fees and costs on February 3, 2017, seeking $12,305.50 in fees and $685.49 in costs (total $12,990.99).
Respondent took no position on reducing the award, stating the statutory requirements for an award were met and deferring to the Special Master’s discretion.
The Special Master reviewed billing records, found the request reasonable, and granted the full amount.
The award was ordered as a lump sum check payable jointly to petitioner and her counsel, with entry of judgment to follow.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether petitioner is entitled to an award of attorneys’ fees and costs under the Vaccine Act	Brenner sought $12,990.99 as reasonable attorneys’ fees and costs incurred in the claim.	HHS stated it would not contest entitlement and believed statutory requirements were satisfied, but noted respondent has no formal role in fee resolution.	Award granted: full $12,990.99 awarded as reasonable.
Whether any reductions to hours or rates were necessary after review of billing records	Implicitly argued counsel’s submitted hours and rates were appropriate (supported by billing records).	Respondent did not propose reductions.	Special Master reviewed records, found the request reasonable, and made no reductions.

Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir.) (attorney fee awards in Vaccine Program cases encompass all charges, including advanced costs; counsel cannot collect additional fees beyond the award)