Miron v. Secretary of Health and Human Services
15-1144
| Fed. Cl. | Apr 27, 2017Background
- Petitioner (M.M., through guardian Lacy Miron) filed a Vaccine Act petition alleging Guillain-Barré Syndrome caused by a 9/24/2014 influenza vaccination.
- The parties stipulated to compensation and Chief Special Master Dorsey issued a decision awarding compensation on June 23, 2016.
- On November 30, 2016, petitioner moved for attorneys’ fees and costs totaling $20,506.80 ($17,746.50 fees; $2,760.30 costs), stating no out-of-pocket expenses.
- Respondent filed a response acknowledging she has no role in fee resolution under the Vaccine Act or Rule 13 but stated the statutory requirements for an award were met and deferred to the Chief Special Master’s discretion.
- The Chief Special Master found the requested amount reasonable and granted the full award as a lump sum payable jointly to petitioner and petitioner’s 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 | Petitioner sought $20,506.80 for fees and costs incurred in the successful prosecution of the claim | Respondent noted she has no procedural role in fee determinations but acknowledged statutory criteria for an award were satisfied | Award granted in full as reasonable |
| Whether respondent should oppose or participate substantively in the fee determination | Implied: petitioner requested court determine a reasonable award | Respondent: neither the Vaccine Act nor Vaccine Rule 13 contemplates respondent’s role; will not oppose and defers to Special Master | Court exercised discretion and approved the requested amount |
| Whether the award covers all legal expenses and prevents extra charges by counsel | Petitioner requested an inclusive lump-sum award covering fees, costs, and advanced expenses | Respondent did not contest scope | Court awarded lump sum and noted § 15(e)(3) bars counsel from collecting additional fees or costs beyond award |
| Form of payment and entry of judgment | Petitioner requested payment to counsel and petitioner | Respondent did not object | Court ordered lump-sum check jointly payable to petitioner and counsel; clerk to enter judgment |
Key Cases Cited
- Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (attorney fee collection limitations and scope of fee awards under the Vaccine Act)