Aho v. Secretary of Health and Human Services, 14-1106

Petitioner Kathi Aho filed a Vaccine Act petition alleging that a September 30, 2013 influenza vaccination caused severe pain, numbness, and tingling in her extremities.
The parties stipulated to compensation and the special master issued a decision awarding damages on January 4, 2017.
Petitioner sought final attorneys’ fees and costs totaling $37,502.49 ($35,260.00 in attorneys’ fees; $2,242.49 in costs).
Counsel requested an hourly rate of $350; petitioner reported she advanced no litigation costs.
The Secretary did not object to the requested hourly rate or the number of hours billed.
The special master applied the lodestar framework, found the rates, hours, and costs reasonable, and awarded the full requested amount as a lump-sum payable to petitioner and counsel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether petitioner is entitled to attorneys’ fees and costs after receiving compensation	Aho sought fees and costs under 42 U.S.C. § 300aa‑15(e) because she obtained compensation	Respondent did not contest entitlement once compensation was awarded	Awarded: entitlement established; fees and costs recoverable
Whether the requested hourly rate ($350) is reasonable	Counsel requested $350/hr and cited prior awards supporting that rate	Respondent did not object to the proposed rate	Awarded: $350/hr found reasonable and previously awarded
Whether the number of hours and claimed costs are reasonable	Aho presented detailed billing and cost documentation and argued hours were necessary	Respondent did not challenge the hours or costs	Awarded: hours and costs reasonable and awarded in full
Whether a lodestar adjustment was necessary	Aho implicitly argued lodestar calculation sufficed	Respondent raised no basis for upward/downward adjustment	No adjustment made; lodestar result awarded in full

Avera v. Sec'y of Health & Human Servs., 515 F.3d 1343 (Fed. Cir. 2008) (approves lodestar two-step method for Vaccine Act fee awards)
Blum v. Stenson, 465 U.S. 886 (U.S. 1984) (establishes lodestar formula: hours × reasonable rate)
Saxton v. Sec'y of Health & Human Servs., 3 F.3d 1517 (Fed. Cir. 1993) (hours must not be excessive, redundant, or unnecessary)