Ryf v. Secretary of Health and Human Services
15-313
| Fed. Cl. | Nov 4, 2016Background
- Petitioner Karen Ryf filed a Vaccine Act petition on March 26, 2015, alleging injury from an influenza vaccine given October 29, 2013.
- The Special Master issued a decision awarding compensation based on respondent’s proffer on April 19, 2016, to which Ryf agreed.
- On September 8, 2016, Ryf filed an unopposed motion for attorneys’ fees and costs.
- Ryf requested $18,000.00 for attorneys’ fees and costs plus $8.19 in out-of-pocket costs, for a total of $18,008.19.
- The request was unopposed by respondent and the Special Master found the requested amount reasonable.
- The Special Master awarded $18,000.00 (check payable jointly to petitioner and counsel) and $8.19 (check payable to petitioner) and directed entry of judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Award of attorneys’ fees and costs | Ryf requested $18,000 for attorney fees/costs and $8.19 expenses as reasonable and incurred | Respondent did not oppose the requested award | Award granted in full: $18,000 to counsel/petitioner jointly and $8.19 to petitioner |
| Form of payment | Counsel asked that attorney award be forwarded to firm address of record | No objection from respondent | Clerk ordered payment to be issued as requested |
| Scope of award (coverage of all legal expenses) | Petitioner’s submission sought coverage of all legal charges and advanced costs | Respondent did not object | Special Master noted award intended to cover all legal expenses and prevented additional collection per § 15(e)(3) and Beck precedent |
| Publication/redaction rights | Petitioner had opportunity to move to redact private information under Vaccine Rule 18(b) | N/A | Decision to be posted; petitioner has 14 days to seek redaction if warranted |
Key Cases Cited
- Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (attorney fees award under Vaccine Act covers all charges and prevents additional collection by counsel)
