Fester v. Secretary of Health and Human Services, 10-243

Erica Fester filed a pro se Vaccine Program petition on April 15, 2010 on behalf of her minor child, B.A.B., alleging encephalopathy and related injuries from an MMRV (Proquad) vaccination administered April 18, 2007.
On April 7, 2016 the special master dismissed the petition for failure to meet the preponderant burden of proof.
On November 16, 2016 petitioner filed an unopposed motion seeking attorneys’ fees and costs totaling $25,000; respondent filed a response stating she did not object to the overall amount sought.
Petitioner had been granted leave to proceed in forma pauperis in June 2010, so she is not entitled to reimbursement of filing costs.
The special master found the requested amount reasonable and granted an award of $25,000 in attorneys’ fees and costs, to be paid by joint check to petitioner and her attorney.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether petitioner is entitled to a reasonable award of attorneys’ fees and costs after dismissal	Fester sought $25,000 as reasonable fees and costs incurred in the case	Secretary did not object to the overall amount as unreasonable but reserved non-waiver of positions on rates/hours	Granted: $25,000 awarded as reasonable and payable jointly to petitioner and counsel
Whether filing fee should be reimbursed	Pet’r initially stated she was responsible for filing fee	Respondent noted in response that petitioner was granted IFP earlier in case	Denied: filing fee not awarded because in forma pauperis had been granted