Wright v. Secretary of Health and Human Services, 15-1523

Petitioner Stacia Wright filed a Vaccine Act petition alleging SIRVA from an influenza vaccination on October 16, 2014.
The parties submitted a stipulation and the Chief Special Master awarded compensation on December 6, 2016.
On December 27, 2016, Wright sought attorneys’ fees of $13,911.50 and costs of $617.83, totaling $14,529.33; petitioner reported no out-of-pocket expenses.
Respondent stated the Vaccine Act and rules do not give respondent a role in fee resolution but agreed statutory requirements were met and deferred to the Special Master’s discretion.
The Special Master reviewed billing records, found the requested fees and costs reasonable, and granted the award as a lump sum payable jointly to petitioner and counsel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether petitioner is entitled to an award of reasonable attorneys’ fees and costs under the Vaccine Act	Wright requested $14,529.33 as reasonable fees and costs incurred in the successful claim	Respondent took no position on entitlement review but stated statutory requirements were met and left reasonableness to the Special Master	Award granted in full; fees and costs of $14,529.33 awarded jointly 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 beyond the amount awarded under the Vaccine Act)