Cheung v. Secretary of Health and Human Services, 15-741

Petitioner Candace Cheung filed a Vaccine Act petition on July 16, 2015, alleging her minor child A.N. developed idiopathic thrombocytopenic purpura (ITP) from an August 2, 2012 MMR vaccination (and possibly concomitant vaccines).
The parties executed a stipulation and Chief Special Master Nora Beth Dorsey issued a decision awarding compensation on October 20, 2016.
On November 22, 2016, petitioner moved for attorneys’ fees and costs requesting $20,086.50 in fees and $8,464.71 in costs, totaling $28,551.21; counsel reported no client out-of-pocket expenses.
Respondent filed a response stating she need not be involved in fee dispute resolution but agreed the statutory criteria for an award were satisfied and deferred to the Special Master’s discretion on amount.
The Special Master reviewed billing records, found the requested hours and rates reasonable, and granted the full requested amount.
The award was ordered as a lump sum check payable jointly to petitioner and her counsel; the decision noted the award covers all legal fees and advanced costs and that counsel may not collect additional fees.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether petitioner is entitled to an award of attorneys’ fees and costs under the Vaccine Act	Cheung sought an award under 42 U.S.C. § 300aa‑15(e) following a successful stipulation-based entitlement decision	Respondent acknowledged she has no formal role in fee resolution but agreed statutory requirements for fees and costs were met	Fees and costs are allowed; statutory requirements satisfied
Whether the requested amounts (hours and rates) are reasonable	Petitioner provided billing records and requested $28,551.21 total	Respondent deferred to Special Master’s discretion, raising no objection to reasonableness	Special Master reviewed records and found hours and rates reasonable; awarded full amount
Form and recipient of the award	Petitioner requested payment to counsel/petitioner	Respondent offered no opposing position	Award ordered as lump sum check jointly payable to petitioner and counsel
Whether the award covers all legal expenses and bars additional charges	Petitioner accepted that award should cover all legal fees and costs	Respondent cited statute preventing additional collection by counsel	Special Master confirmed award encompasses all fees, advanced costs, and bars further collection by counsel

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