Daly v. Secretary of Health and Human Services, 15-1076

Petitioner James H. Daly filed a Vaccine Program petition alleging the October 2, 2013 influenza vaccine caused brachial plexopathy.
Parties filed a stipulation for damages on August 16, 2016, which the special master adopted on August 18, 2016.
Petitioner filed a motion for final attorney’s fees and costs on February 2, 2017, seeking $16,469.62 ($11,387.50 in fees; $5,082.12 in costs).
Petitioner certified compliance with General Order No. 9 and stated no other litigation-related expenses were incurred.
Respondent reviewed the fees request and indicated no opposition.
The special master approved the requested award and ordered payment jointly to Petitioner and counsel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Entitlement to attorney’s fees and costs under the Vaccine Program	Daly sought fees and costs incurred in prosecuting the compensated claim	Secretary did not oppose the requested fees and costs	Fees and costs awarded in full as reasonable and recoverable under 42 U.S.C. § 300aa-15(e)
Reasonableness of the requested amount	Requested $11,387.50 in fees and $5,082.12 in costs as reasonable	No opposition; implicitly conceded reasonableness	Special master found the combined $16,469.62 reasonable and approved it
Form and recipient of payment	Requested payment to Petitioner’s counsel/jointly payable	No opposition	Directed payment by check payable jointly to Petitioner and counsel
Finality and entry of judgment	Sought final award and entry of judgment	No opposition; noted Vaccine Rule/RCFC procedures	Absent review motion, clerk to enter judgment per Vaccine Rule/RCFC procedures