Tannen v. Secretary of Health and Human Services, 15-680

Petitioner Marlyne Tannen filed a Vaccine Act petition alleging adhesive capsulitis/shoulder injury from an October 4, 2012 influenza vaccination (filed June 30, 2015).
The parties reached a stipulation; Chief Special Master Dorsey issued a decision awarding compensation on December 8, 2016.
Petitioner then moved for attorneys’ fees and costs on February 7, 2017, seeking $17,858.00 in fees and $922.02 in costs (total $18,780.02); counsel represented petitioner had no out-of-pocket expenses.
Respondent filed a response stating the Vaccine Act does not assign respondent a role in fee determinations but agreed the statutory requirements for an award were met and deferred to the Special Master’s discretion to set a reasonable amount.
The Special Master reviewed billing records, found the requested hours and rates reasonable, and determined no reductions were necessary.
The Special Master awarded $18,780.02 as a lump sum payable jointly to petitioner and petitioner’s counsel, and noted the award covers all legal expenses and precludes additional charges under 42 U.S.C. § 300aa-15(e)(3).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether petitioner is entitled to reasonable attorneys’ fees and costs and the reasonableness of the requested amount	Tannen requested $17,858.00 in fees and $922.02 in costs as reasonable and supported by billing records	Respondent asserted no formal role in fee resolution but agreed statutory criteria were met and recommended the Special Master exercise discretion to award a reasonable amount	Award granted in full: $18,780.02 awarded as a lump sum jointly payable to petitioner and counsel

Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (attorney fee awards under the Vaccine Act preclude counsel from collecting additional fees beyond the awarded amount)