Sweeney v. Secretary of Health and Human Services, 16-1217

Petitioner Nancy Sweeney filed a Vaccine Act petition alleging left shoulder injuries, including Parsonage-Turner Syndrome, caused by an influenza vaccine on October 2, 2014.
The parties filed a joint stipulation, and on April 26, 2017 the Chief Special Master issued a decision awarding compensation to petitioner based on that stipulation.
On May 25, 2017 petitioner moved for attorneys’ fees and costs seeking $11,367.50 in fees and $810.44 in costs (total $12,177.94), and stated petitioner had no out-of-pocket expenses.
Respondent stated he did not object to the overall amount as not unreasonable, but reserved any objection to specific hourly rates, hours billed, or particular costs.
The Special Master reviewed the request and, finding it reasonable and noting respondent’s lack of opposition to the total, granted the full award.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Entitlement to attorneys’ fees and costs under the Vaccine Act	Fees and costs are recoverable following a successful petition and joint stipulation award	Did not contest entitlement to an award of fees and costs	Award of attorneys’ fees and costs is permitted under 42 U.S.C. §300aa-15(e) and granted
Reasonableness of requested amount	Requested $11,367.50 (fees) and $810.44 (costs) as reasonable for this case	No objection to overall amount but reserved right to challenge specific rates/hours/costs	Special Master found the total amount reasonable and awarded $12,177.94 jointly payable to petitioner and counsel

Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (attorney fees award under the Vaccine Act covers all charges and prevents attorney from collecting additional fees beyond the award)