Smith v. Secretary of Health and Human Services, 20-1993V

Emily Smith filed a Vaccine Injury Compensation Program claim alleging she suffered a shoulder injury (SIRVA) lasting over six months after a hepatitis B vaccine received on December 27, 2019.
The injury was initially documented with pain, limited range of motion, and received conservative treatment including PT with subsequent significant improvement.
There was an eight-month lapse in medical documentation, and later records indicated symptoms resolved post-PT, then recurred after increased gym activity unrelated to the vaccine.
The claim was dismissed for failure to demonstrate persisting injury beyond six months—required under the Vaccine Act for compensation.
Smith then moved for attorney’s fees and costs, totaling $15,381.75, despite the unsuccessful outcome, arguing that her claim was filed in good faith and with reasonable basis.
The respondent deferred to the Court on whether fees and costs were warranted; there was no challenge to the specific amount requested.

Issue	Plaintiff’s Argument	Defendant’s Argument	Held
Is a fee award permitted in an unsuccessful claim?	Reasonable basis exists	Defer to the Court	Reasonable basis found; fees awarded
Did Smith’s injury meet the six-month duration requirement?	Injury persisted; personal affidavits	Insufficient evidence	Court held injury did not meet statutory duration
Was the fee/costs amount reasonable?	Supported by records	No objection	Amount found reasonable
Did Smith meet other Table SIRVA requirements?	Yes, except duration	Not contested	Court acknowledged evidence on other elements

Sebelius v. Cloer, 133 S.Ct. 1886 (Supreme Court permitted fees in untimely Vaccine Act petitions)
Perreira v. Sec’y of Health & Hum. Servs., 33 F.3d 1375 (Fed. Cir. 1994) (reasonable basis for fees can cease as facts evolve)
Davis v. Sec’y of Health & Hum. Servs., 105 Fed. Cl. 627 (liberal fee-shifting in Vaccine Program)