Deangelo v. Secretary of Health and Human Services, 15-1578

Petitioner filed a Vaccine Act petition alleging SIRVA from a Tdap vaccination on August 15, 2014.
The parties filed a stipulation and the Chief Special Master awarded compensation on February 9, 2017.
Petitioner then moved for attorneys’ fees and costs on February 10, 2017, seeking $17,075.50 in fees and $1,011.58 in costs (total $18,087.08); counsel represented petitioner had no out-of-pocket expenses.
Respondent filed a response noting she does not play a role in awarding petitioner’s fees but agreed the statutory requirements for an award were met and deferred to the Special Master’s discretion.
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 petitioner’s counsel; the decision notes the award covers all legal expenses and prevents additional attorney charges.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether petitioner is entitled to an award of attorneys’ fees and costs under the Vaccine Act	Petitioner sought a fee award of $18,087.08 as reasonable and appropriate following the stipulated award of compensation	Respondent stated she has no role in fee resolution but agreed statutory requirements for an award were satisfied and left reasonableness to the Special Master’s discretion	Award granted in full; statutory requirements met and amount found reasonable
Whether the requested hours and rates are reasonable	Counsel submitted billing records and asserted fees and costs were proper and supported	Respondent did not contest reasonableness and deferred to Special Master	Special Master reviewed records and made no reductions; full amount awarded

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