Hyde v. Secretary of Health and Human Services
16-354
| Fed. Cl. | Sep 28, 2017Background
- Petitioner Dufhane Hyde, Sr. filed a Vaccine Act petition on behalf of his deceased son alleging Table encephalopathy and death following DTaP, Hib, and IPV vaccines administered March 20, 2014.
- Parties executed a stipulation for compensation, which the Special Master approved on February 8, 2017.
- Petitioner sought final attorneys’ fees and costs on August 7, 2017: $11,796.00 in fees and $804.20 in costs (total $12,600.20).
- Respondent stated statutory requirements for an award were satisfied and deferred to the Special Master’s discretion as to a reasonable amount.
- The Special Master reviewed submissions, found the request reasonable, declined to adjust rates, time, or costs, and awarded the full $12,600.20 as a lump sum payable jointly to petitioner and counsel.
- The decision notes that further probate work anticipated by counsel was not included because those additional expenses were not considered "incurred on the petition." The award covers all legal expenses and precludes additional charges to the client.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioner is entitled to reasonable attorneys’ fees and costs under the Vaccine Act after approval of a stipulation for compensation | Fees and costs incurred in the Vaccine Program are compensable; petitioner sought $12,600.20 for work to date | Respondent agreed statutory requirements were met and left the reasonableness and amount to the Special Master’s discretion | Awarded reasonable attorneys’ fees and costs: full requested amount $12,600.20 payable jointly to petitioner and counsel |
| Whether fees for additional anticipated probate work are compensable as costs "incurred on the petition" | Counsel included some probate-related fees to date and acknowledged additional probate hours likely; treated present submission as final | Respondent did not object to treating the motion as final; Special Master must apply Vaccine Act scope for compensable costs | Special Master treated the filing as a final motion and declined to include future probate-related costs; only fees and costs actually incurred on the petition were compensable |
Key Cases Cited
- Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (attorney cannot collect fees or costs beyond the award under the Vaccine Act)