Irwin v. Secretary of Health and Human Services
16-1260
Fed. Cl.Dec 8, 2017Background
- Petitioner Anthony Irwin filed a Vaccine Act petition alleging Guillain-Barré Syndrome from his October 7, 2013 influenza vaccination.
- The parties filed a stipulation; on March 28, 2017 the Special Master awarded compensation based on that stipulation.
- On April 3, 2017 petitioner moved for attorneys’ fees and costs totaling $14,357.45 (fees $13,413.50; costs $943.95).
- Petitioner submitted billing records and a statement that he incurred no out-of-pocket expenses.
- Respondent did not oppose an award, stating the statutory requirements were met and deferring to the Special Master’s discretion.
- The Special Master reviewed the records, found the request reasonable, and granted the full requested award as a lump sum payable jointly to petitioner and counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioner is entitled to reasonable attorneys’ fees and costs under the Vaccine Act | Irwin sought $13,413.50 in fees and $943.95 in costs; submitted billing records and compliance with General Order No. 9 | Respondent stated she has no role in fee resolution but agreed statutory requirements are met and deferred to Special Master discretion | Awarded full requested fees and costs ($14,357.45) as reasonable |
| Whether any reductions to hours or rates were warranted | Petitioner provided contemporaneous billing; requested rates/hours reflect work performed | Respondent did not contest reasonableness | Special Master found no cause to reduce hours or rates and declined reductions |
| Form and recipient of payment | Requested lump-sum payment covering all legal expenses, advanced costs, and fees | Respondent did not object to payment form | Awarded as lump sum check payable jointly to petitioner and counsel |
| Whether attorney may collect additional fees beyond award | Petitioner sought full compensation within Vaccine Act framework | Respondent cited statutory framework preventing double recovery | Special Master noted §15(e)(3) prevents additional collection; award intended to cover all legal expenses |
Key Cases Cited
- Beck v. Sec'y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (discussing limits on attorney collection of fees beyond Vaccine Act award)