Wisniewski v. Secretary of Health and Human Services, 15-1321

Petitioner Enos Wisniewski filed a Vaccine Act petition alleging a SIRVA (shoulder injury related to vaccine administration) after a 2014 influenza vaccination; a stipulation of fact led to a compensatory decision entered Feb. 8, 2017.
On Feb. 20, 2017, petitioner moved for attorneys’ fees and costs totaling $13,654.61 (fees $12,892.50; costs $762.11); counsel stated petitioner had no out-of-pocket expenses.
Respondent filed a limited response: asserting she has no formal role in resolving fee requests but agreeing the statutory requirements for an award were met and deferring to the special master’s discretion on a reasonable amount.
The special master reviewed billing records and found the requested hours and rates reasonable based on experience; no reductions were made.
The special master granted the full requested award and ordered payment of $13,654.61 as a lump sum jointly payable to petitioner and counsel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Entitlement to attorneys’ fees and costs under the Vaccine Act	Wisniewski sought reasonable fees and costs following a successful petition	Respondent said she has no role in fee resolution but conceded statutory requirements were satisfied	Special master found statutory requirements met and awarded fees and costs
Reasonableness of requested amount (hours and rates)	Counsel submitted billing records and requested $13,654.61 total	Respondent did not contest reasonableness and deferred to the special master's discretion	Special master reviewed records, found the request reasonable, and awarded the full amount

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