Theobald v. Secretary of Health and Human Services, 16-178

Petitioner Kathleen Theobald filed a Vaccine Act claim alleging left shoulder injury causally related to an October 20, 2014 influenza vaccination.
On June 30, 2016 the Chief Special Master issued a decision awarding compensation based on respondent’s proffer, which petitioner accepted.
On August 8, 2016 petitioner moved for attorneys’ fees and costs totaling $15,590.74 ($15,145.50 fees; $445.24 costs), and certified no out-of-pocket client expenses.
Respondent filed a response saying she had no role in fee resolution but conceded statutory requirements were met and suggested a reasonable range of $12,000–$14,000 without detailed support.
Petitioner filed a reply seeking an additional $275 for one hour of work reviewing respondent’s response.
The Chief Special Master reviewed submitted billing records, found the request reasonable, and awarded $15,420.50 in fees and $445.24 in costs (total $15,865.74) as a lump sum payable jointly to petitioner and counsel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Entitlement to attorneys’ fees and costs under the Vaccine Act after compensation award	Theobald requested fees/costs as reasonable and supported by billing records; sought an extra $275 for reply work	Respondent stated she plays no formal role in fee resolution but agreed statutory requirements are met; proposed a $12,000–$14,000 range without explanation	Chief Special Master found petitioner met statutory requirements, reviewed records, and awarded fees and costs largely as requested (with awarded fees of $15,420.50 and costs of $445.24)

Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (attorney cannot collect fees or costs beyond the amount awarded under the Vaccine Act)