Hughes v. Secretary of Health and Human Services, 16-546

Petitioner Sandra R. Hughes filed a Vaccine Act petition alleging cellulitis, hematoma, and abscess following a pneumococcal conjugate vaccine administered November 21, 2014.
On October 7, 2016, the Chief Special Master issued a decision awarding compensation based on respondent’s proffer, which petitioner accepted.
Petitioner filed a motion for attorneys’ fees and costs on January 30, 2017, seeking $23,676.50 in fees and $604.28 in costs (total $24,280.78), and stated she had no out-of-pocket expenses.
Respondent did not contest the statutory entitlement to fees and costs, acknowledged the requirements were met, and deferred to the Special Master’s discretion on reasonableness.
The Special Master found the request reasonable and granted the full requested amount, ordering a lump-sum award payable jointly to petitioner and counsel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Entitlement to attorneys’ fees and costs	Hughes sought fees and costs under the Vaccine Act after a successful proffer-based award.	Respondent agreed statutory requirements for an award were met and did not oppose entitlement.	Entitlement satisfied; fees and costs award appropriate.
Reasonableness of requested amount	Counsel requested $23,676.50 (fees) + $604.28 (costs) as reasonable compensation for legal services and expenses.	Respondent declined to contest reasonableness, noting Special Master discretion and prior experience suffice.	Special Master found request reasonable and awarded the full amount.
Role of respondent in fee review	N/A (petitioner submitted supporting documentation and declarations).	Respondent asserted no formal role in fee resolution but could state whether statutory requirements met.	Special Master accepted respondent’s limited role and exercised independent discretion to determine reasonableness.
Form and scope of award	Petitioner sought an award covering all legal expenses and advanced costs.	Respondent did not dispute scope; noted attorney cannot collect additional fees beyond award.	Award granted as lump sum jointly payable to petitioner and counsel and intended to cover all legal expenses.

Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir.) (attorney barred from charging client fees in addition to award)