Maltby v. Secretary of Health and Human Services, 15-952

Petitioner Joette Maltby filed a Vaccine Program petition on Sept. 1, 2015, alleging peripheral neuropathy after a Jan. 23, 2014 influenza vaccination.
The parties filed a stipulation on Nov. 14, 2016, agreeing that compensation should be awarded; a decision adopting that stipulation was entered the same day.
Petitioner moved for attorneys’ fees and costs, initially seeking $16,293.20 (fees $15,478.50; costs $814.70), but amended to request $14,000 with respondent’s assent.
Petitioner later filed a supplemental motion (Aug. 30, 2016) seeking an additional $540 for a phone conference with a treating physician, bringing the agreed total to $14,540; respondent did not object to that amount.
The Special Master found the requested award reasonable and granted payment of attorneys’ fees and costs in a lump sum of $14,540, payable jointly to petitioner and counsel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether petitioner is entitled to attorneys’ fees and costs under the Vaccine Act	Maltby sought reasonable attorneys’ fees and costs after successful resolution via stipulation	Respondent did not oppose an agreed reasonable fee amount	Fees and costs are recoverable under 42 U.S.C. § 300aa-15(e); awarded as requested
Proper amount of fees and costs to award	Requested originally $16,293.20, amended to $14,000, then supplemented to $14,540 with respondent’s concurrence	Respondent agreed to the amended/supplemented total and raised no objection	Special Master granted the agreed total of $14,540 and ordered payment jointly to petitioner and counsel