Riggs v. Secretary of Health and Human Services, 14-743

Petitioner Nancy Riggs filed a Vaccine Program petition alleging a December 6, 2012 influenza vaccine caused transverse myelitis; petition filed August 18, 2014.
Parties negotiated an informal settlement; respondent stipulated to compensation on December 30, 2015, and the special master approved the settlement the same day.
Petitioner sought attorney’s fees and costs of $39,280.66 (fees $34,069.80; costs $5,210.86) in a motion filed June 30, 2016.
Respondent did not make specific objections to hours or line-item charges but suggested a reasonable overall range of $18,000–$24,000 and reminded the court of its discretion under Fox v. Vice.
The special master evaluated counsel’s experience and prior Vaccine Program rates under the McCulloch framework and concluded adjusted hourly rates: $325 for work in 2013–2015 and $349 for 2016.
After reducing fees consistent with those hourly rates and otherwise awarding costs in full, the special master awarded $31,365.00 in attorneys’ fees and $5,210.86 in costs, for a joint payment of $36,575.86 to petitioner and counsel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether petitioner is entitled to attorneys’ fees and costs under 42 U.S.C. § 300aa‑15(e)	Riggs sought full requested fees and costs ($39,280.66) based on counsel’s time and previous rates	Respondent did not contest good faith/reasonable basis but proposed a reasonable total range of $18,000–$24,000	Fees and costs awarded in part: total award $36,575.86 (fees reduced, costs awarded in full)
Appropriate hourly rates for petitioner’s lead counsel (Isaiah Kalinowski)	Requested $361/hr for 2013–2015 and $349/hr for 2016, citing experience and prior awards	Respondent referenced past awards but declined to press specific alternative rates	Special master applied McCulloch ranges and set rates at $325/hr for 2013–2015 and $349/hr for 2016
Whether billed hours were reasonable and necessitated reductions	Counsel provided detailed contemporaneous billing supporting hours claimed	Respondent did not challenge specific entries or seek line‑by‑line reductions	Special master found hours reasonable and made no reductions other than those resulting from adjusted hourly rates
Whether costs should be reduced or denied	Petitioner requested costs of $5,210.86 as billed	Respondent did not oppose itemized costs	Costs were awarded in full

Blanchard v. Bergeron, 489 U.S. 87 (U.S. 1989) (lodestar method for attorney’s fees)
Broekelschen v. Secretary of HHS, 102 Fed. Cl. 719 (Fed. Cl. 2011) (discretionary fee determination; no line‑by‑line requirement)
Fox v. Vice, 563 U.S. 826 (U.S. 2011) (fee determinations should avoid creating a second major litigation)
Beck v. Secretary of HHS, 924 F.2d 1029 (Fed. Cir. 1991) (award covers all fees and costs and bars additional client charges)