Mallett v. Secretary of Health and Human Services, 15-377

Petitioner Berna Mallett filed a Vaccine Program petition alleging multiple injuries (including Guillain-Barré syndrome) following a Nov. 5, 2013 influenza vaccination.
Parties filed a stipulation for damages on June 8, 2017; Special Master Corcoran adopted it and entered judgment awarding damages on June 22, 2017.
Petitioner moved for final attorney’s fees and costs on July 6, 2017, seeking $45,420.00 ($29,295.00 fees; $16,125.00 costs) and separately claimed $750.00 in personal litigation expenses.
Respondent filed a response saying the statutory requirements for an award were met and deferred to the special master on the amount.
The special master found counsel’s forum rates (Napa/San Francisco Bay area) appropriate, awarded the requested hourly rates ($350 for 2015–2016; $400 for 2017), and deemed the hours and costs reasonable.
The special master granted the fee motion in full: $45,420.00 payable jointly to Petitioner and counsel, plus a $750.00 payment directly to Petitioner for personal litigation expenses.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Entitlement to fees and costs	Mallett as successful petitioner is entitled to fees and costs under the Vaccine Act	Conceded entitlement; deferred amount issues to the special master	Fees and costs awarded as statutory successful petitioner
Appropriate hourly rates	Counsel requested $350/hr (2015–2016) and $400/hr (2017) based on forum rates and experience	Did not oppose rates; deferred to special master discretion	Requested rates awarded as within appropriate forum ranges
Reasonableness of hours and billing entries	Requested total hours and entries supported by billing records	Did not identify objectionable entries	Hours found reasonable; no reductions made
Litigation costs and petitioner expenses	Requested $16,125.00 in litigation costs and $750.00 personal expenses	Did not contest reasonableness; deferred to special master	Both litigation costs and $750 personal expense awarded