Sanders v. Secretary of Health and Human Services
16-147
| Fed. Cl. | Sep 29, 2017Background
- Petitioner Brandie Sanders filed a Vaccine Act petition alleging a shoulder injury caused by a Tdap vaccine administered on February 14, 2015.
- The parties filed a joint stipulation, and Chief Special Master Nora Beth Dorsey awarded compensation on August 31, 2016.
- On February 3, 2017, petitioner moved for attorneys’ fees and costs totaling $18,963.23 ($17,888.50 in fees; $1,074.73 in costs); counsel reported no out-of-pocket client expenses.
- Respondent filed a response acknowledging she has no role in fee resolution but stating the statutory requirements for an award were met and leaving the amount to the special master's discretion.
- The special master reviewed billing records, found the requested hours and rates reasonable, and granted the full requested award as a lump-sum joint check to petitioner and counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioner is entitled to an award of attorneys’ fees and costs under the Vaccine Act | Sanders sought reasonable fees and costs incurred prosecuting the claim | Respondent noted she has no role in fee determination but agreed statutory requirements were met | Fees and costs awarded in full ($18,963.23) |
| Whether the requested hours and rates were reasonable | Counsel submitted billing records and requested specific amounts | Respondent deferred to the special master’s discretion | Special master reviewed records and made no reductions |
| Whether any additional client charges may be collected beyond the award | Implicitly requested recovery of all legal expenses incurred | Respondent did not contest recovery scope under the Vaccine Act | Award intended to cover all legal expenses; counsel may not collect additional fees per statute |
| Form of payment and entry of judgment | Requested lump-sum payment to petitioner and counsel | Respondent did not object to payment form | Award ordered as a joint check to petitioner and counsel; clerk to enter judgment |
Key Cases Cited
- Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (attorney fee awards under the Vaccine Act encompass all charges and prevent additional collection beyond the awarded amount)