Fundermann v. Secretary of Health and Human Services, 15-529

Petitioner filed a Vaccine Act claim alleging bilateral radial neuropathies/GBS after a 10/11/2014 influenza vaccination.
The parties filed a joint stipulation and Chief Special Master Dorsey awarded compensation on August 5, 2016.
On August 31, 2016, petitioner moved for attorneys’ fees of $24,711.00 and costs of $2,036.64 (total $26,747.64).
Petitioner submitted a statement that he incurred no out-of-pocket expenses per General Order No. 9.
Respondent filed a response stating she did not object to the overall amount as not unreasonable but did not concede specific rates, hours, or costs.
The Special Master found the requested fees and costs reasonable and granted the full award 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	Fees and costs are recoverable after a successful claim and should be awarded as requested	Respondent did not oppose recovery generally but reserved rights to contest specifics	Award of fees and costs granted under 42 U.S.C. §300aa‑15(e)
Reasonableness of requested amount ($26,747.64)	Requested total is reasonable for work performed in the case	Respondent: no objection to overall amount but not an admission on hourly rates or billed hours	Special Master found the overall amount reasonable and awarded it in full
Form of payment and scope of award	Payment should cover all legal expenses and be made to petitioner and counsel	No contest to form of payment in filing	Lump-sum joint check to petitioner and counsel; award covers all legal charges and advanced costs

Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (attorney fee collection limits under the Vaccine Act)