Dailey v. Secretary of Health and Human Services, 16-319

Petitioner Jewel Dailey filed a Vaccine Act petition alleging a left shoulder injury caused by an influenza vaccine administered on October 9, 2014.
The parties entered a joint stipulation, and Chief Special Master Nora Beth Dorsey awarded compensation on January 25, 2017.
On March 22, 2017, petitioner moved for attorneys’ fees and costs seeking $14,275.50 in fees and $821.16 in costs (total $15,096.66), and stated petitioner had no out-of-pocket expenses.
Respondent filed a response noting she has no role in determining fee awards under the Vaccine Act but stated the statutory requirements for an award were met and deferred to the Special Master's discretion.
The Special Master reviewed counsel’s billing records, found the request reasonable, and determined no reductions were necessary.
The Special Master granted the full requested amount, awarding $15,096.66 as a lump sum payable jointly to petitioner and petitioner’s counsel; the award covers all legal expenses and prevents additional fees under § 15(e)(3).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether petitioner is entitled to a reasonable award of attorneys’ fees and costs and, if so, the amount	Dailey sought $14,275.50 in fees and $821.16 in costs as reasonable compensation for legal services and expenses	Respondent stated she does not adjudicate fee requests but agreed statutory requirements are met and left reasonableness to the Special Master	Special Master found the requested hours and rates reasonable and awarded the full $15,096.66 as a lump sum jointly payable to petitioner and counsel

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