Churchwell v. Secretary of Health and Human Services, 14-798

On September 2, 2014, Shannon Churchwell filed a Vaccine Program petition on behalf of her minor son, R.C.B., alleging a seizure disorder caused by multiple vaccines received on September 20, 2011.
The parties stipulated to compensation, and the Special Master approved the stipulation on February 8, 2017; judgment was entered February 9, 2017.
Petitioner sought attorneys’ fees and costs and reimbursement of out-of-pocket expenses; initial filing deadline was August 8, 2017, extended to September 27, 2017 by order after counsel’s firm transition.
On September 11, 2017, petitioner moved for $5,993.46 in out-of-pocket costs to petitioner and $40,267.37 in attorneys’ fees and costs (combined for Rawls McNelis, PC and Sands Anderson PC).
Respondent did not oppose entitlement and asked the Special Master to exercise discretion to determine a reasonable award.
The Special Master reviewed the submissions, found the requested amounts reasonable, and awarded $5,933.46 to petitioner and $40,267.37 jointly to petitioner and counsel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether petitioner is entitled to reimbursement of out-of-pocket costs	Churchwell sought $5,993.46 for records, postage, parking, guardianship, etc.	Respondent did not dispute entitlement and deferred to the Special Master on reasonableness.	Awarded $5,933.46 to petitioner for out-of-pocket costs.
Whether attorneys’ fees and costs requested are reasonable	Request for $40,267.37 covering fees/costs of both firms; included statement that no retainer was paid.	Respondent: statutory requirements met; asked Special Master to determine a reasonable amount.	Awarded $40,267.37 jointly to petitioner and counsel; no reductions made.
Whether any adjustment to rates, time, or costs was necessary	Petitioner relied on submitted billing and supporting documentation.	Respondent raised no objections to hours, rates, or specific costs.	Special Master found no need to adjust hourly rates, time expended, or costs.

Beck v. Sec'y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (attorney fee award includes all legal charges, advanced costs, and precludes the attorney from collecting additional fees beyond the award)