Ross v. Secretary of Health and Human Services, 16-1313

Petitioner Elaine Ross filed a Vaccine Act petition alleging a shoulder injury after an influenza vaccination on October 22, 2014.
The Chief Special Master awarded compensation based on respondent’s proffer; judgment entered February 21, 2017.
Petitioner filed a motion for attorneys’ fees and costs on March 23, 2017, seeking $24,520.65 in fees, $1,203.01 in attorney costs, and $400.00 in petitioner’s costs (total $26,123.66).
Respondent did not oppose entitlement to fees but stated no role in fee resolution and deferred to the Special Master’s discretion on a reasonable amount.
The Special Master reviewed billing records and reduced the 2015–16 hourly rate for petitioner’s counsel from $363.00 to $350.00 for 43.20 hours, resulting in a $561.60 reduction; 2017 rates remained at $363.00.
The Special Master awarded a total of $25,562.06: $25,162.06 (fees and attorney costs) payable jointly to petitioner and counsel, and $400.00 payable to petitioner for out-of-pocket costs.

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	Ross sought reimbursement of attorneys’ fees and costs incurred prosecuting a successful petition	Respondent acknowledged statutory requirements were met and did not oppose an award but asserted no role in fee amount determination	Award granted: petitioner entitled to reasonable fees and costs under §300aa-15(e)
Whether the hourly rates requested were reasonable	Ross requested $363/hr for counsel in 2015–16 and 2017 billing	Respondent did not contest reasonableness of rates but deferred to Special Master’s discretion	Reduced 2015–16 rate to $350/hr (previously awarded rate); 2017 rate allowed at $363/hr
Whether billed hours and costs should be reduced	Ross submitted detailed billing; requested no further justification	Respondent did not ask for reductions to hours or costs	Special Master found hours and costs reasonable and made no reductions beyond rate adjustment
Form and payee of award	Ross requested reimbursement to counsel and reimbursement to petitioner for out-of-pocket costs	Respondent did not contest payment arrangement	Award issued as lump sum $25,162.06 payable jointly to petitioner and counsel, and $400.00 payable to petitioner

Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (attorney fee limitations; awarded amount covers all legal expenses and precludes additional charges)