Relyea v. Secretary of Health and Human Services, 16-555

Petitioner Nancy N. Relyea filed a Vaccine Act petition alleging SIRVA from a 10/16/2013 influenza vaccination; compensation was awarded by joint stipulation on 10/14/2016.
Petitioner then moved for attorneys’ fees and costs on 11/4/2016 seeking $15,925.00 in fees and $932.38 in costs (total $16,857.38).
Respondent stated she takes no formal role in fee resolution but agreed statutory requirements were met and suggested a reasonable award would be $12,000–$14,000, citing a few prior matters.
Petitioner filed a reply and submitted two attorney affidavits supporting the requested amount; no additional fees were charged for the reply.
The Chief Special Master reviewed the billing, adopted prior reasoning allowing local (Davis) rates for petitioner’s counsel but found $350/hr appropriate, and found the requested hours and rates reasonable.
The court granted the full requested award of $16,857.38, payable jointly to petitioner and counsel, and directed entry of judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
entitlement to an award of attorneys’ fees and costs	Relyea sought full reimbursement of attorneys’ fees and costs incurred in successful Vaccine Act claim	Respondent acknowledged statutory requirements met and did not contest entitlement	Granted — statutory requirements satisfied and fees/costs awarded in full
reasonableness of total amount requested ($16,857.38)	Request is reasonable given hours, rates, and supporting affidavits	Proposed a lower reasonable range ($12,000–$14,000) but gave limited justification	Granted petitioner’s requested amount as reasonable after review of billing records
applicable hourly rate for petitioner’s counsel	Counsel requested $350/hour as local rate	Respondent did not directly contest the specific rate but suggested lower overall award	Court applied Davis/local-rate analysis and found $350/hour appropriate
respondent’s role in fee resolution	N/A	Respondent argued she has no formal role in fee determinations under the Vaccine Act/Rule 13, but offered position on reasonableness	Court noted respondent’s limited role but considered her comments; decision rests with Special Master’s reasonableness review

Beck v. Secretary of Health & Human Services, 924 F.2d 1029 (Fed. Cir.) (attorney fee awards under Vaccine Act encompass all charges and prevent additional collection from client)