Deaton v. Secretary of Health and Human Services, 16-802

Petitioner Donna Deaton filed a Vaccine Act petition alleging a right shoulder injury caused by an October 14, 2015 influenza vaccination.
On December 7, 2016, a decision awarded compensation to petitioner based on respondent’s proffer.
Petitioner filed a motion for attorneys’ fees and costs on January 12, 2017, seeking $14,934.50 in fees and $595.01 in costs (total $15,529.51); petitioner reported no out-of-pocket expenses.
Respondent stated she plays no role in fee award resolution but conceded statutory requirements for an award were met and deferred to the Chief Special Master to determine a reasonable amount.
The Chief Special Master reviewed billing records, found the request reasonable, and awarded the full requested amount as a lump sum payable jointly to petitioner and counsel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether petitioner is entitled to reasonable attorneys’ fees and costs under the Vaccine Act	Deaton requested $15,529.51 as reasonable fees and costs incurred in the matter	Respondent took no position on the amount but stated statutory requirements for an award were met and left reasonableness to the Special Master	Award granted in full: $15,529.51 jointly payable to petitioner and counsel
Whether any reductions to billed hours or rates were warranted	Petitioner submitted billing records and requested prevailing rates/hours as billed	Respondent did not challenge the specifics of rates/hours	Special Master reviewed records, found fees and hours reasonable, made no reductions

Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (attorney fee awards under the Vaccine Act encompass all charges and bar additional collection beyond the award)