Herrera v. Secretary of Health and Human Services
16-372
| Fed. Cl. | Sep 22, 2017Background
- Petitioner Sophia Herrera filed a Vaccine Act petition alleging Parsonage-Turner Syndrome caused by an influenza vaccine received on September 23, 2013.
- The parties filed a stipulation and the Chief Special Master issued an award of compensation on October 10, 2016.
- On February 14, 2017, petitioner moved for attorneys’ fees of $15,701.00 and costs of $645.25, totaling $16,346.25; petitioner stated she incurred no out-of-pocket expenses.
- Respondent did not oppose the fee request, stating the statutory requirements were met and delegated the reasonableness determination to the Special Master’s discretion.
- The Special Master found the fee request reasonable and granted the full amount, awarding $16,346.25 jointly payable to petitioner and her counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioner is entitled to an award of reasonable attorneys’ fees and costs under the Vaccine Act | Herrera sought payment of $15,701.00 in fees and $645.25 in costs as reasonable and appropriate | Respondent stated no role in fee resolution but agreed statutory requirements were satisfied and deferred to the Special Master’s discretion | Granted: Awarded the full requested $16,346.25 |
| Whether respondent’s lack of specific objections requires detailed line-by-line review | Implicitly relied on the submitted fee petition as reasonable | Argued Special Masters may rely on prior experience and need not perform line-by-line review or rely on respondent’s objections | Special Master accepted respondent’s position and exercised discretion without line-by-line reduction |
| Whether award covers all legal expenses and precludes additional charges | Petitioner accepted award encompasses all fees and costs | Respondent referenced precedent barring additional client charges beyond award | Confirmed: Award intended to cover all legal expenses; attorney may not charge/collect more (citing precedent) |
| Form of payment and entry of judgment | Requested standard lump-sum payment | Respondent did not contest payment form | Ordered a lump-sum check jointly payable to petitioner and counsel and directed clerk to enter judgment |
Key Cases Cited
- Beck v. Sec'y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (attorney cannot charge or collect fees beyond the amount awarded under the Vaccine Act)