Hillen v. Secretary of Health and Human Services, 16-341

Petitioner Paul Hillen filed a Vaccine Act petition alleging injury from a Tdap vaccine administered on February 3, 2014.
The Special Master issued a decision on October 11, 2016 adopting the respondent’s proffer and awarding compensation to petitioner.
On February 3, 2017, Hillen moved for attorneys’ fees and costs totaling $13,568.80 (fees $13,093.50; costs $475.30), and counsel represented petitioner had no out-of-pocket expenses.
Respondent filed a response stating no objection to the overall amount requested but reserved the right to contest specific rates, hours, or costs.
The Special Master found the requested amount reasonable and granted the motion, awarding a lump sum of $13,568.80 payable jointly to petitioner and counsel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Are requested attorneys’ fees and costs reasonable under the Vaccine Act?	Hillen sought $13,568.80 as reasonable reimbursement for fees and costs.	Respondent did not object to the total amount, but expressly reserved the right to challenge specific rates/hours/costs.	Award granted in full; total of $13,568.80 awarded as reasonable.
Should respondent’s lack of objection be treated as concession on rates/hours?	Implicitly argued overall reasonableness via fee request.	Respondent clarified lack of objection should not be treated as admission on specific billing details.	Lack of objection did not alter outcome; award granted based on reasonableness.
Form of payment and scope of award	Requested lump-sum payment to petitioner and counsel.	No objection to form.	Award ordered as a lump sum check jointly payable to petitioner and counsel.
Whether attorney may later collect additional fees/costs beyond award	Petitioner sought comprehensive award covering legal services and costs.	Respondent reserved rights but cited no legal basis to collect additional amounts.	The award is intended to cover all legal expenses; attorney may not collect additional fees under precedent.

Beck v. Sec'y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (an award under the Vaccine Act encompasses all fees and costs and prevents the attorney from collecting additional fees from the client)