Villafane v. Secretary of Health and Human Services, 15-1156

Petitioner Allison Villafane filed a Vaccine Act petition alleging SIRVA after a Tdap vaccination on November 1, 2014.
The parties filed a joint stipulation; on August 31, 2016 the Chief Special Master awarded compensation per that stipulation.
On November 30, 2016 Petitioner moved for attorneys’ fees and costs totaling $16,068.88 ($14,801.50 in fees; $1,267.38 in costs).
Respondent filed a response noting that the Vaccine Act and Vaccine Rule 13 do not give Respondent a role in fee resolution but stated the statutory requirements for a fee award were met and deferred to the Special Master’s discretion.
The Special Master reviewed counsel’s billing records, found the request reasonable, and awarded the full requested amount as a lump sum payable jointly to Petitioner and counsel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the requested attorneys’ fees and costs are reasonable and should be awarded in full	Requested $14,801.50 in fees and $1,267.38 in costs as reasonable for services and expenses incurred	Respondent stated no role in fee resolution but agreed statutory prerequisites were met and recommended Special Master exercise discretion to determine a reasonable award	Special Master found the request reasonable, made no reductions, and awarded the full $16,068.88 as a lump sum payable to petitioner and counsel

Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (attorney may not charge or collect fees in addition to the amount awarded under the Vaccine Act)