Swanson v. Secretary of Health and Human Services, 16-457

Petitioner Patricia Swanson filed a Vaccine Program petition alleging SIRVA from an influenza vaccine administered on October 2, 2014.
The parties filed a joint stipulation; Chief Special Master Dorsey awarded compensation on November 30, 2016.
Petitioner moved for attorneys’ fees and costs on March 16, 2017, seeking $12,513.50 in fees and $952.71 in costs (total $13,466.21).
Petitioner stated she incurred no out-of-pocket expenses per General Order No. 9.
Respondent filed a response noting he plays no adjudicative role in fee determinations but agreed statutory requirements for an award were met and deferred to the Chief Special Master’s discretion on the amount.
The Chief Special Master reviewed billing records, found the request reasonable, and granted the full requested amount to be paid jointly to petitioner and counsel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether petitioner is entitled to an award of reasonable attorneys’ fees and costs under the Vaccine Act	Swanson sought reimbursement of attorneys’ fees and costs incurred prosecuting her successful vaccine claim totaling $13,466.21	Respondent noted he has no role in resolving fee requests but agreed statutory requirements were met and recommended the Special Master exercise discretion to set a reasonable amount	Award granted in full: lump-sum $13,466.21 payable jointly to petitioner and counsel

Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (attorney fee award covers all charges and prevents additional collection from the client)