Lusk v. Secretary of Health and Human Services, 15-1190

Petitioner Alicia Lusk filed a Vaccine Act petition alleging left arm pain caused by a November 1, 2013 influenza vaccination.
The Special Master issued a decision on September 21, 2016 awarding compensation to Lusk based on respondent’s proffer.
Lusk moved for attorneys’ fees and costs on December 6, 2016, seeking $20,998.30 in fees, $1,020.06 in attorneys’ costs, and $73.90 in petitioner out-of-pocket costs (total $22,092.26).
Respondent stated she had no role in fee resolution but agreed statutory requirements for an award were met and deferred to the Special Master’s discretion on the amount.
The Special Master reviewed the billing records, found the request reasonable, and declined to reduce hours or rates.
The Special Master awarded $22,018.36 (fees and counsel costs) jointly to petitioner and counsel, and $73.90 to petitioner, and directed entry of judgment.

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	Lusk argued the fees and costs submitted were reasonable and should be awarded in full	Respondent did not contest entitlement; noted respondent has no role in fee determination but agreed statutory requirements were satisfied and deferred to Special Master discretion	Awarded fees and costs in full as requested; no reductions to hours or rates
Whether submitted billing entries and rates were reasonable	Lusk contended billing records and rates were reasonable and necessary	Respondent did not challenge reasonableness	Special Master reviewed records, found them reasonable, and made no reductions
Form of award and payees	Lusk requested reimbursement for counsel and out-of-pocket costs	Respondent did not oppose form of award	Special Master ordered lump sum to be paid jointly to petitioner and counsel for fees/costs and a separate check to petitioner for out-of-pocket expenses
Scope of award (whether it covers all legal expenses)	Lusk sought an award covering all legal fees and advanced costs	Respondent silent on scope beyond statutory compliance	Special Master clarified award is intended to cover all legal expenses and prevents additional attorney charges per § 15(e)(3)

Beck v. Secretary of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (attorney fee awards under the Vaccine Act encompass all charges and prevent attorneys from collecting additional fees beyond the statutory award)