Del Pilar Varela-Avila v. Secretary of Health and Human Services, 16-382

Petitioner Maria Del Pilar Varela-Avila filed a Vaccine Program petition alleging myelitis from vaccines received on November 12, 2014.
Parties filed a stipulation for damages which the Special Master adopted on September 29, 2017.
Petitioner moved for final attorney’s fees and costs on October 3, 2017, seeking $42,318.94 ($37,605.30 in fees; $4,713.64 in costs).
Petitioner requested forum (Dallas) billing rates for counsel John Robert Howie, consistent with prior Vaccine Program awards for Dallas practitioners.
Respondent stated statutory requirements for an award were met and deferred to the Special Master on the amount.
Special Master Corcoran found the requested hours, forum rates, and costs reasonable and awarded the full $42,318.94, payable jointly to Petitioner and counsel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Entitlement to fees and costs under the Vaccine Act	Varela-Avila is a successful petitioner entitled to fees and costs	Concedes statutory requirements met; defers to Special Master on amount	Awarded fees and costs in full
Appropriate hourly rates (forum rates for Dallas counsel)	Request forum rates for Dallas practitioners per prior Vaccine Program precedent	Did not oppose requested rates; deferred to Special Master	Forum rates for counsel awarded
Reasonableness of billed hours	Hours billed are reasonable for case resolution and stipulation	Did not contest hours; deferred to Special Master	Hours found reasonable and awarded
Reasonableness of litigation costs	Requested costs ($4,713.64) are reasonable	Did not contest costs; deferred to Special Master	Costs found reasonable and awarded

No officially reported (reporter-cited) authorities were relied upon in the decision. The Special Master referenced prior Vaccine Program decisions (published via Westlaw or site postings) establishing forum rates for Dallas practitioners, but those citations are not to official reporters.