Kitty v. Secretary of Health and Human Services
16-877
| Fed. Cl. | Sep 22, 2017Background
- Petitioner Marion Kitty filed a Vaccine Act petition alleging a right shoulder injury from an influenza vaccine administered on October 2, 2015.
- The parties executed a joint stipulation and Chief Special Master Dorsey awarded compensation on September 29, 2016.
- Petitioner moved for attorneys’ fees and costs on February 1, 2017, seeking $14,644.50 in fees and $868.48 in costs (total $15,512.98).
- Counsel stated petitioner incurred no out-of-pocket expenses per General Order #9.
- Respondent took no substantive position on fee calculation but stated the statutory requirements for an award were met and left reasonableness to the Special Master’s discretion.
- The Special Master reviewed billing records, found the request reasonable, and awarded the full requested amount as a lump sum payable jointly to petitioner and counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioner is entitled to an award of reasonable attorneys’ fees and costs under the Vaccine Act | Kitty sought an award totaling $15,512.98 covering all fees and costs incurred | Respondent acknowledged statutory requirements were met and deferred determination of a reasonable amount to the Special Master | Award granted; full requested amount ($15,512.98) awarded as a lump sum payable to petitioner and counsel |
| Whether the billed hours and rates were reasonable | Billing records justify requested hours and rates | Respondent did not contest reasonableness and recommended Special Master exercise discretion | Special Master reviewed records, found no cause to reduce hours or rates, and accepted them |
| Whether petitioner incurred any additional out-of-pocket expenses | Counsel certified petitioner had no out-of-pocket expenses per General Order #9 | No dispute from respondent | Special Master accepted counsel’s representation and awarded total amount inclusive of all expenses |
| Whether attorney may collect additional fees beyond the award | Petitioner sought the award to cover all legal expenses | Respondent referenced statutory framework but did not press separate position | Special Master noted 42 U.S.C. § 300aa-15(e)(3) bars attorneys from charging/collecting fees beyond the award; award intended to cover all fees/costs |
Key Cases Cited
- Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (attorney cannot collect fees in addition to the amount awarded under the Vaccine Act)