GOERING v. SECRETARY OF HEALTH AND HUMAN SERVICES, 1:14-vv-00667

Petitioner Jane Goering filed a Vaccine Program petition alleging SIRVA and palindromic rheumatism after a December 17, 2012 influenza vaccination.
The parties filed a stipulation and on December 3, 2015 the special master issued a decision awarding compensation to petitioner.
On May 26, 2016 petitioner moved for attorneys’ fees and costs totaling $25,831.92 (fees $21,855.20; costs $3,935.58; petitioner OOP $41.14).
Respondent filed a response stating no objection to the overall amount sought, while reserving any position on specific hourly rates, hours, or individual costs.
The special master reviewed the motion, found the request reasonable, and granted attorneys’ fees and costs in the full amount requested.
The award was ordered as a lump-sum check payable jointly to petitioner and her counsel, and the clerk was directed to enter judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Entitlement to attorneys’ fees/costs under the Vaccine Act	Petitioner sought fees and costs incurred in prosecuting a successful Vaccine Act claim	Respondent did not object to entitlement; limited response only on specifics	Granted: Vaccine Act permits reasonable fees and costs; petitioner awarded fees and costs
Reasonableness of amount requested	Requested $25,831.92 as reasonable and supported by billing and General Order #9 compliance	Respondent: no objection to overall amount but reserved position on hourly rates/hours/cost details	Granted: special master found the total request reasonable and awarded the full amount

Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (attorney may not collect fees or costs in addition to the amount awarded under § 300aa-15(e))