Mobley v. Secretary of Health and Human Services, 15-1074

Petitioner Melanie Mobley filed a Vaccine Program petition alleging Guillain-Barré syndrome caused by an October 2, 2012 influenza vaccination.
Parties filed a stipulation for damages on April 26, 2017, which the Special Master adopted the same day.
Mobley then moved for final attorney’s fees and costs on May 18, 2017, seeking $54,314.50 ($51,176.00 fees; $3,138.50 costs).
Respondent did not oppose entitlement to fees and costs and deferred to the Special Master on the amount.
The Special Master previously found Petitioner’s counsel, John Robert Howie, entitled to forum rates in Chanderdat and awarded the same rate here.
The Special Master determined the hours and requested costs were reasonable and granted the full requested award, directing payment jointly to Petitioner and counsel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Entitlement to attorney’s fees and costs under the Vaccine Act	Mobley sought fees and costs as a successful Vaccine Program petitioner	Respondent agreed statutory requirements were met	Award granted — petitioner entitled to fees and costs
Appropriate hourly rates for counsel	Petitioner requested forum rates for Mr. Howie, consistent with prior award	Respondent deferred to Special Master discretion	Forum rates awarded (same as in Chanderdat)
Reasonableness of hours billed	Counsel’s submitted hours were reasonable for the work performed	Respondent did not contest reasonableness	Hours found reasonable and approved
Reasonableness of litigation costs	Petitioner requested $3,138.50 in costs; represented no additional litigation expenses incurred	Respondent did not contest costs	Costs found reasonable and approved