Carroccia v. Secretary of Health and Human Services, 13-705

Petitioner Charlene Carroccia Guadagno was substituted as petitioner after the death of Salvatore Carroccia, who alleged that a 2010 influenza vaccination caused acute disseminated encephalomyelitis (ADEM) and ultimately his death.
Petitioner filed a Vaccine Program petition on September 20, 2013; the parties filed a stipulation for compensation on December 8, 2016, and the special master entered a decision awarding compensation on December 9, 2016.
On July 10, 2017, petitioner moved for attorneys’ fees and costs requesting $14,250.00 in fees and $5,673.17 in costs (total $19,923.17).
Respondent did not dispute entitlement under the Vaccine Act and recommended the special master exercise discretion to determine a reasonable award.
The special master reviewed counsel’s billing records, found the requested hours and rates reasonable based on experience, and identified no basis for reduction.
The special master awarded a lump sum of $19,923.17 for attorneys’ fees and costs, payable jointly to petitioner and counsel, and directed entry of judgment absent a motion for review.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether petitioner is entitled to reimbursement of attorneys’ fees and costs and whether the requested amount is reasonable	Request for $14,250 in fees and $5,673.17 in costs as reasonable and supported by billing records	Respondent conceded statutory requirements met and deferred to special master’s discretion to set a reasonable amount	Special master found the request reasonable, awarded the full $19,923.17, and ordered joint payment to petitioner and counsel

Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (attorney may not charge or collect fees in addition to the amount awarded under the Vaccine Act)