Foster v. Secretary of Health and Human Services
16-1484
| Fed. Cl. | Apr 10, 2017Background
- Petitioner Stephanie Foster filed a Vaccine Act claim alleging that a November 12, 2013 influenza vaccine caused uncontrollable muscle fasciculation.
- At a January 13, 2017 status conference Petitioner indicated she might withdraw but wanted reimbursement of filing costs; the special master gave deadlines and ordered documentation of costs.
- Petitioner filed a Notice of Voluntary Dismissal on February 10, 2017 and later submitted a Motion for Costs documenting $491.98 in filing fee and postage with receipts.
- Respondent received the Motion, did not oppose the amount requested, and informed chambers of no objection.
- The special master found the requested costs reasonable and adequately documented under Vaccine Program practice and awarded $491.98 to Petitioner in costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Petitioner is entitled to reimbursement of out-of-pocket costs after voluntary dismissal | Foster sought reimbursement of filing fee and postage ($491.98) and provided receipts | Respondent did not oppose the requested amount and had been ordered to endeavor to reimburse costs | Award granted: $491.98 to Petitioner as reasonable, documented costs |
| Whether documentation met Vaccine Program requirements | Foster provided receipts and contemporaneous documentation for costs | Respondent raised no objection to adequacy of documentation | Held adequate; documentation satisfied Program standards |
| Whether award process complied with procedural rules | Foster filed motion for costs following dismissal and the special master’s scheduling order | Respondent complied with directives to report status and did not contest award | Award entered and judgment to be entered absent review request |
| Whether any entitlement to alternate relief or fees remained after dismissal | Foster voluntarily dismissed claim and sought only costs | Respondent did not seek further litigation; no contest | Only costs awarded; claim dismissed |
Key Cases Cited
- None (opinion cites Vaccine Program special-master decisions by WL citation; no authorities with official reporter citations were relied upon).