Lesicko v. Secretary of Health and Human Services
15-1581
Fed. Cl.Apr 25, 2017Background
- Petitioner filed a Vaccine Act petition alleging Guillain-Barré Syndrome (GBS) caused by a January 6, 2015 influenza vaccination.
- The parties filed a joint stipulation, and on August 17, 2016 the Chief Special Master awarded compensation based on that stipulation.
- On November 30, 2016 petitioner moved for attorneys’ fees and costs totaling $18,360.44 (fees $17,257.50; costs $1,102.94) and represented no out‑of‑pocket expenses.
- Respondent filed a response noting she plays no formal role in fee resolution under the Vaccine Act or Vaccine Rule 13 but stated the statutory requirements for an award were met and deferred to the Special Master’s discretion on a reasonable amount.
- The Special Master reviewed counsel’s billing records, found the hours and rates reasonable, and granted the full requested amount.
- The award was ordered payable jointly to petitioner and petitioner’s counsel, with judgment to be entered accordingly.
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 | Lesicko sought $18,360.44 for attorneys’ fees and costs as reasonable and incurred in prosecuting the claim | Respondent acknowledged she has no formal role in fee resolution but agreed statutory requirements for an award were satisfied and left amount to the Special Master’s discretion | Award of $18,360.44 granted in full as reasonable |
| Whether respondent should oppose or recommend reductions to the requested fees/costs | Petitioner urged full reimbursement based on submitted billing records and General Order compliance | Respondent did not propose reductions and deferred to Special Master’s assessment of reasonableness | Special Master reviewed billing records and declined to reduce hours or rates; full amount awarded |
Key Cases Cited
- Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (attorney fee award under Vaccine Act covers all charges, advanced costs, and bars additional collection from the client)