Mulle v. Secretary of Health and Human Services, 15-1312

Petitioner Alice Mulle filed a Vaccine Program petition alleging a shoulder injury from a December 5, 2014 influenza vaccination (filed Nov. 3, 2015).
On October 17, 2016, the Chief Special Master awarded compensation to petitioner based on respondent’s proffer.
Petitioner moved for attorneys’ fees and costs on December 2, 2016, requesting $12,497.50 in fees and $795.32 in costs (total $13,292.82); counsel represented no out-of-pocket expenses for petitioner.
Respondent stated that she has no formal role in fee awards under the Vaccine Act or Rule 13 but acknowledged that statutory requirements for an award were met and recommended the Special Master exercise discretion to determine a reasonable amount.
The Special Master reviewed counsel’s billing records, found the hours and rates reasonable, and granted the full requested award.
The award of $13,292.82 is payable as a lump sum check jointly to petitioner and petitioner’s counsel; the decision notes the award covers all legal expenses and that attorneys cannot charge additional fees beyond the award (citing Beck).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Entitlement to attorneys’ fees and costs under the Vaccine Act	Mulle sought statutory fees and costs following successful compensation award	Respondent: no formal role in resolving fee motions but agrees statutory requirements are satisfied	Special Master granted entitlement and directed award be made
Reasonableness and amount of requested fees/costs	Request $12,497.50 fees + $795.32 costs; billing records submitted and justified	Respondent deferred to Special Master’s discretion to determine reasonableness	Special Master reviewed records, found hours/rates reasonable, awarded full $13,292.82

Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (attorney fee award in Vaccine Program encompasses all charges and prevents attorney from collecting additional fees beyond the awarded amount)