Williams v. Secretary of Health and Human Services, 14-1209

Petitioner Heather C. Williams filed a Vaccine Program petition on December 16, 2014, alleging Parsonage-Turner syndrome from a November 8, 2013 influenza vaccination.
The parties filed a stipulation for damages on January 30, 2017, which the special master adopted as the decision on damages on January 31, 2017.
Petitioner then moved for final attorney’s fees and costs (filed May 19, 2017), requesting $33,338.59 ($27,952.50 in fees; $5,386.09 in costs).
Respondent did not oppose entitlement to fees and costs and deferred to the special master on the amount.
The special master had previously awarded Petitioner’s counsel forum rates in Dezern v. Sec’y of HHS and found the same rates appropriate here.
The special master found the hours and requested litigation costs reasonable and granted the full requested award, ordering payment jointly to Petitioner and counsel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Entitlement to attorney’s fees and costs under the Vaccine Program	Williams, as a successful petitioner, is entitled to reasonable fees and costs.	Respondent agreed statutory requirements were met and did not contest entitlement.	Granted — petitioner is entitled to fees and costs.
Appropriate hourly rates for counsel	Requested forum rates for Franklin J. Caldwell, Jr., consistent with prior award.	Respondent did not contest the requested rates.	Granted — forum rates previously awarded in Dezern applied.
Reasonableness of hours expended	Hours submitted were reasonable and necessary for the claim.	Respondent deferred to the special master’s discretion.	Granted — hours found reasonable.
Recoverable litigation costs and form of payment	Requested $5,386.09 in costs; asked for joint check to petitioner and counsel.	Respondent did not object to the amount or form.	Granted — requested costs awarded; payment ordered jointly to petitioner and counsel.

None (no officially reported authorities with reporter citations were relied upon in this decision).