Ricci v. Secretary of Health and Human Services, 15-961

Petitioner Jennifer Ricci filed a Vaccine Act petition alleging a shoulder injury caused by an influenza vaccination received October 14, 2014.
The undersigned issued a decision awarding compensation on April 28, 2016 based on respondent’s proffer, which petitioner accepted.
Petitioner moved for attorneys’ fees and costs: initially $17,245.61 (fees $15,759.00; costs $1,486.61), later amended to $17,373.11 (fees $15,886.50; costs $1,486.61).
Respondent stated she has no role in fee award resolution but agreed statutory requirements for an award were met and suggested a reasonable total would be $12,000–$14,000 without explanation.
The court reviewed billing records, identified undated entries and some work performed after the initial filing, allowed petitioner to file an amended fee motion, and made a small deduction (0.6 hours, $153.00) for certain tasks.
The court granted petitioner’s motion in part and awarded a lump sum of $17,220.11 jointly payable to petitioner and counsel, noting the award covers all legal expenses and that counsel may not collect additional fees beyond the award.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether petitioner is entitled to reasonable attorneys’ fees and costs under the Vaccine Act	Ricci sought $17,373.11 for fees and costs as reasonable and incurred	Respondent conceded statutory requirements were met and proposed a reasonable total of $12,000–$14,000 without detailed support	Court found statutory requirements met and awarded fees and costs, with a modest deduction; total $17,220.11 awarded
Whether undated/untimely billing entries require adjustment	Petitioner amended the motion to provide dates and added some additional billed work	Respondent maintained her prior position and did not contest the amendment substantively	Court allowed the amended filing, reviewed entries, and deducted .6 hours ($153.00) for specific items
Whether the award should cover all legal expenses and preclude further charges	Petitioner requested lump-sum award payable jointly to petitioner and counsel	Respondent did not dispute that an award should cover all legal expenses	Court stated the award is intended to cover all legal expenses and cited precedent preventing counsel from collecting additional fees
Role of respondent in fee litigation	Petitioner proceeded under Vaccine Act fee provisions	Respondent argued she has no role but provided a reasonableness range	Court accepted respondent’s limited role but reached its own reasoned award based on the record

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