Stout v. Secretary of Health and Human Services
14-1088
| Fed. Cl. | Nov 4, 2016Background
- Petitioner Stephanie Stout filed a Petition on behalf of minor Z.S. under the Vaccine Act alleging Guillain–Barré Syndrome from a December 5, 2011 influenza vaccination (filed Nov. 7, 2014).
- Parties filed a Stipulation and the Chief Special Master issued a decision awarding compensation on February 25, 2016.
- Petitioner moved for attorneys’ fees and costs (unopposed overall) on August 29, 2016, seeking $18,774.30 in fees and $3,944.34 in costs (total $22,718.64).
- Counsel represented, per General Order No. 9, that petitioner incurred no out‑of‑pocket expenses.
- Respondent stated it did not object to the overall amount sought but reserved that this did not concede specific hourly rates, hours billed, or costs.
- The Chief Special Master granted the motion and awarded a lump sum of $22,718.64, payable jointly to petitioner and petitioner’s counsel; the decision notes that awarded fees/costs cover all legal expenses and that an attorney may not collect additional fees beyond the award.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to attorneys’ fees and costs under the Vaccine Act | Stout sought reasonable attorneys’ fees and costs following a successful stipulation and award | Respondent did not oppose the overall amount sought (not conceding specifics) | Fees and costs are authorized; motion granted |
| Reasonableness of the amount requested ($22,718.64) | Amount requested is reasonable and supported by billing/costs; no client out‑of‑pocket expenses | No objection to overall amount; reserved challenges to specific rates/hours | Court found request reasonable and awarded the full amount |
| Form of payment and scope of award | Requested lump‑sum payment jointly payable to petitioner and counsel | No objection to form of payment noted | Award ordered as a lump sum jointly payable to petitioner and counsel; award covers all legal expenses (no additional collection allowed) |
Key Cases Cited
- Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (attorney cannot collect fees or costs in addition to the amount awarded under the Vaccine Act)