Dodd v. Secretary of Health and Human Services, 15-1316

Petitioner Jo-Ann Dodd filed a Vaccine Act petition alleging a shoulder injury caused by an influenza vaccine administered November 5, 2013.
The Special Master awarded compensation based on Respondent’s proffer on May 20, 2016, which Petitioner accepted.
Petitioner moved for attorneys’ fees and costs: initial request $20,321.96 (fees $19,740; costs $581.96).
Respondent did not oppose entitlement but stated a reasonable award would be $14,000–$16,000 without explanation.
Petitioner amended her request to $17,351.96 (fees $16,770; costs $581.96). The fee breakdown included 53 attorney hours at $310/hr and 3.4 hours of attorney work billable at $100 as paralegal-rate work.
The Special Master reviewed billing records, found the amended request reasonable, and awarded $17,351.96 as a lump sum payable jointly to Petitioner and counsel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Entitlement to attorneys’ fees and costs under the Vaccine Act	Dodd sought fees and costs as permitted by 42 U.S.C. §300aa‑15(e) after obtaining compensation	Respondent agreed statutory requirements were met and did not contest entitlement	Award of attorneys’ fees and costs granted
Reasonableness of requested amount	Requested $16,770 (fees) + $581.96 (costs); amended to reflect paralegal-rate adjustment	Respondent suggested unelaborated reduction to $14,000–$16,000	Special Master found amended request reasonable and made no reductions
Allocation of tasks billed at attorney vs paralegal rate	Petitioner included 3.4 hours performed by attorney but noted could be billed at $100/hr paralegal rate	Respondent did not press specific reductions based on billing categories	Special Master accepted petitioner’s amended breakdown and rates
Form of award and collection limitations	Petitioner requested lump-sum payment to petitioner and counsel	Respondent did not object to lump-sum; noted only reasonableness issue	Special Master awarded lump-sum $17,351.96 jointly payable to petitioner and counsel; reminder that attorney cannot collect more than award under §15(e)

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