Keyes v. Secretary of Health and Human Services, 15-845

Petitioner Gloria Keyes filed a Vaccine Act petition alleging left-shoulder tendonitis/bursitis (SIRVA) after a November 24, 2014 influenza vaccination.
The special master awarded compensation to petitioner based on the respondent’s proffer (decision issued May 11, 2016).
Petitioner moved for attorneys’ fees and costs on May 25, 2016, requesting $13,922.00 in fees and $739.32 in costs (total $14,661.32), and stated petitioner had no out-of-pocket expenses.
Petitioner amended the request on June 8, 2016, reducing the total sought to $14,000.00, stating respondent would not object to that amount.
Respondent filed a response confirming no objection to the amended $14,000.00 request but reserved any position on specific hourly rates, hours, or individual costs.
The special master found the requested amount reasonable and granted fees and costs totaling $14,000.00, to be paid jointly to petitioner and counsel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether petitioner is entitled to reasonable attorneys’ fees and costs under the Vaccine Act	Keyes sought $14,000.00 in attorneys’ fees and costs as reasonable compensation for legal services and costs incurred	HHS did not oppose the total amended amount but did not concede reasonableness of specific rates/hours/costs	Award granted: $14,000.00 lump sum awarded to petitioner and counsel
Whether the requested lump-sum amount covers all legal expenses and prevents additional charges	Petitioner represented no further out-of-pocket fees and requested a single lump-sum award	Respondent reserved rights to contest detailed billing in other cases but did not oppose this amount here	Special master confirmed the award covers all legal expenses and that counsel cannot collect additional fees beyond the award
Whether entry of judgment should proceed	Petitioner and counsel move for entry of judgment following the award	Respondent had no objection to award amount; Rule 11(a) procedures noted	Clerk instructed to enter judgment; parties may expedite by filing renunciation under Vaccine Rule 11(a)
Public availability and redaction of decision	N/A (procedural notice)	N/A	Decision will be posted; petitioner has 14 days to request redaction under Vaccine Rule 18(b)

Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (attorney fees award under the Vaccine Act encompasses all charges, advanced costs, and fees; counsel barred from charging additional fees beyond the award)