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Ryf v. Secretary of Health and Human Services
15-313
| Fed. Cl. | Nov 4, 2016
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Background

  • 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)
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Case Details

Case Name: Ryf v. Secretary of Health and Human Services
Court Name: United States Court of Federal Claims
Date Published: Nov 4, 2016
Docket Number: 15-313
Court Abbreviation: Fed. Cl.