Little v. Secretary of Health and Human Services, 16-836

Petitioner Sue A. Little filed a Vaccine Act petition alleging a shoulder injury related to an October 29, 2014 influenza vaccination.
The undersigned issued a decision awarding compensation on respondent’s proffer on December 9, 2016.
Petitioner moved for attorneys’ fees and costs on April 3, 2017, seeking $11,160 in attorney fees plus $874.34 in out-of-pocket costs (total $12,034.34).
Respondent stated she has no role in fee resolution but agreed statutory requirements for an award were met and deferred to the Chief Special Master to fix a reasonable award.
The Special Master reviewed billing records, found the requested hours reasonable, but reduced paralegal hourly rates from $175 to $145 per the Court’s fee schedule, decreasing paralegal charges by $384.
The Special Master awarded a total of $11,650.34: $10,776.00 (attorney fees and costs) payable jointly to petitioner and counsel, and $874.34 payable to petitioner.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether petitioner is entitled to an award of attorneys' fees and costs under the Vaccine Act	Little sought fees and costs as the prevailing petitioner after compensation was awarded	Respondent noted she does not adjudicate fee requests but agreed statutory requirements for an award were met	Award of attorneys' fees and costs granted under § 15(e)
Whether the requested fees and costs amount is reasonable (including hourly rates)	Counsel submitted billing records showing attorney time and 12.8 paralegal hours at $175/hr	Respondent did not contest reasonableness; deferred to Special Master to determine a reasonable award	Hours were reasonable; paralegal rate reduced to $145/hr per court fee schedule, reducing the award by $384; final award adjusted accordingly

Beck v. Sec'y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (attorney cannot charge or collect fees beyond the amount awarded under the Vaccine Act)