Smith v. Secretary of Health and Human Services
16-1282
| Fed. Cl. | Apr 19, 2017Background
- Petitioner Jody R. Smith filed a Vaccine Act petition alleging an exacerbation of chronic pain and myalgia following an influenza vaccine administered on or about November 27, 2015.
- The parties filed a joint stipulation agreeing that petitioner was entitled to compensation; Special Master Gowen issued a decision awarding compensation on March 9, 2017.
- Petitioner then moved for attorneys’ fees and costs seeking $16,059.00 in fees and $469.29 in costs (total $16,528.29), and submitted a signed statement that she had not personally incurred fees or costs.
- Respondent filed a response stating statutory requirements for an award were met and recommended the Special Master exercise discretion to determine a reasonable amount; respondent did not oppose the requested amounts.
- The Special Master reviewed counsel’s time records and receipts, found the requested fees and costs reasonable, and granted the motion.
- The award was entered as a lump sum check payable jointly to petitioner and her counsel; the decision also noted that the award covers all legal expenses and that attorneys may not collect additional fees under 42 U.S.C. § 300aa-15(e)(3).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to attorneys’ fees and costs after a stipulated award | Smith sought reasonable attorneys’ fees and costs totaling $16,528.29 | Respondent agreed statutory requirements were met and deferred to Special Master’s discretion on reasonableness | Fees and costs awarded in full as requested |
| Reasonableness of billed time and costs | Counsel submitted time records and receipts and asserted reasonableness | Respondent did not challenge the reasonableness of records | Special Master found time records and costs reasonable and supported the award |
| Form of award and payee | Smith requested reimbursement to petitioner’s counsel and petitioner | Respondent did not object to joint payment | Lump-sum check awarded jointly to petitioner and counsel |
| Scope of award and further fees | Petitioner expected award to cover all legal expenses | Respondent relied on statutory limits and precedent | Special Master clarified award covers all charges and prevents attorney from collecting additional fees beyond the award |
Key Cases Cited
- Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (attorneys may not collect fees beyond the award under the Vaccine Act)