Mann v. Secretary of Health and Human Services, 15-813

Petitioner Jean Mann filed a Vaccine Act petition alleging left shoulder brachial neuritis caused by a Tdap vaccine administered August 15, 2012.
The parties filed a joint stipulation and Chief Special Master Dorsey awarded compensation on December 20, 2016.
On December 28, 2016 petitioner moved for attorneys’ fees and costs totaling $37,620.54 (fees $36,242.20; costs $1,378.34); petitioner reported no out-of-pocket expenses.
Respondent declined to contest the fee request on its merits, stating the statutory requirements for an award were satisfied but leaving reasonableness to the Chief Special Master.
The Chief Special Master relied on prior reasoned rates established in Moritz v. Sec’y of HHS for counsel and paralegal rates (Mr. Krakow: $413/hr for 2015, $425/hr for 2016; paralegal $125/hr) and reviewed the billing records.
The Special Master found the requested hours and rates reasonable, declined to reduce the award despite some inconsistent billing entries, and awarded the full $37,620.54 as a lump sum jointly payable to petitioner and counsel.

Issue	Mann's Argument	Sec'y's Argument	Held
Whether petitioner is entitled to an award of attorneys’ fees and costs under the Vaccine Act	Requested $37,620.54 as reasonable compensation for fees and costs	Respondent did not contest entitlement and agreed statutory requirements were met; left reasonableness to the Special Master	Award granted in full — statutory requirements satisfied and fees/costs reasonable
Whether requested hourly rates and total hours are reasonable	Sought rates consistent with Moritz decision: Krakow $413 (2015)/$425 (2016); paralegal $125; billed hours as submitted	Did not object to the specific rates/hours; deferred to Special Master for reasonableness	Special Master adopted Moritz rates and found no reduction necessary; full fees allowed
Whether any billing entries should be reduced for inconsistent attorney vs. paralegal billing	Maintained total billed amount was reasonable	Respondent took no position on specific entries	Special Master warned counsel about inconsistent entries but declined to reduce award in this application
Form of payment and scope of award	Requested lump-sum payment covering all legal expenses	No objection	Award ordered as lump sum payable jointly to petitioner and counsel; encompasses all fees and advanced costs per §300aa-15(e)(3)

Beck v. Sec'y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (attorney may not collect fees in addition to amount awarded under Vaccine Act)