Jones v. Secretary of Health and Human Services
15-4
| Fed. Cl. | Oct 20, 2017Background
- Leanell Jones filed a petition under the National Vaccine Injury Compensation Program alleging neuropathic pain and weakness in his left shoulder/arm after a 10/28/2012 influenza vaccine.
- During the case, Mr. Jones died; Briana Gwenell Jones was substituted as administrator and legal representative of his estate.
- The parties filed a joint stipulation and on July 25, 2016 the Chief Special Master awarded compensation to petitioner based on that stipulation.
- Petitioner then filed a motion (1/12/2017) seeking attorneys’ fees of $29,328.00 and attorneys’ costs of $812.60 (total $30,140.60), and separately sought reimbursement of $835.48 in petitioner out-of-pocket costs.
- Respondent declined to contest the statutory entitlement to fees and costs, but noted that respondent has no formal role in fee determinations and deferred to the Special Master’s discretion.
- The Special Master reviewed billing records, found the request reasonable, made no reductions, and awarded $30,976.08 total: $30,140.60 (attorneys’ fees and costs) jointly payable to petitioner and counsel, and $835.48 payable to petitioner.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioner is entitled to attorneys’ fees and costs under the Vaccine Act after stipulated award | Petitioner sought full recovery of requested fees and costs as reasonable and permitted by statute | Respondent did not contest statutory entitlement and recommended the Special Master determine a reasonable award | Special Master found statutory requirements met and awarded the requested amounts |
| Whether respondent has a role in fee resolution or must make specific objections to fee paperwork | Petitioner implicitly relies on Special Master review of submitted records for reasonableness | Respondent argued Vaccine Act/Rule 13 do not give respondent a formal role, but respondent may comment; respondent need not make specific objections and deferred to Special Master discretion | Special Master agreed respondent has no controlling role, relied on her review and discretion to assess reasonableness without line-by-line reductions |
Key Cases Cited
- Beck v. Secretary of Health & Human Services, 924 F.2d 1029 (Fed. Cir. 1991) (attorney fee awards encompass all charges and preclude additional client billing)