Godfrey v. Secretary of Health and Human Services
10-565
| Fed. Cl. | Oct 17, 2016Background
- Petitioner Megan L. Godfrey filed a Vaccine Program petition alleging the HPV vaccine (Aug 22, 2007) caused juvenile ankylosing spondylitis; petition filed Aug 20, 2010.
- An entitlement hearing occurred Dec 10, 2012; Chief Special Master Vowell denied entitlement on June 11, 2014; Petitioner sought review which produced a remand and subsequent denial that was sustained on review.
- Interim attorney’s fees and costs were previously awarded by stipulation on Dec 2, 2014.
- Petitioner filed an unopposed motion for final attorney’s fees and costs on Aug 24, 2016, seeking $44,275.95 (fees $44,184.50; costs $91.45) and represented no out-of-pocket litigation expenses.
- Respondent did not object to the requested amount; Special Master Corcoran approved the full requested award and ordered judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Reasonableness of requested attorney’s fees and costs | Request $44,275.95 as reasonable and supported | No objection to the amount | Approved in full as reasonable |
| Out‑of‑pocket litigation expenses | Petitioner states none were incurred | Respondent silent / no objection | Petitioner represented no out‑of‑pocket expenses; accepted |
| Form of payment | Payment should be made to petitioner and counsel | No objection | Award payable jointly to Petitioner and counsel Milton Ragsdale |
| Entry of judgment and finality | Petitioner sought entry of judgment for awarded fees | Respondent did not object | Clerk ordered to enter judgment absent a motion for review |
Key Cases Cited
- Koehn v. Sec’y of Health & Human Servs., 773 F.3d 1239 (Fed. Cir. 2014) (Federal Circuit decision discussed on remand but found not to change the entitlement outcome)
