Tonya Thomas v. HHS - Influenza, urticaria and swelling (2018)

Tonya Thomas filed a petition on June 29, 2016, alleging that the influenza vaccine she received on or about November 7, 2014, caused her to develop urticaria and swelling, with residual effects lasting over six months. Respondent filed a stipulation for award of compensation on August 20, 2018, which was adopted by the court on August 21, 2018.

Subsequently, on September 6, 2018, Petitioner filed an application for attorneys' fees and costs totaling $41,819.77. Respondent indicated satisfaction with the statutory requirements for an award.

The court reviewed the request using the lodestar approach, finding the requested hourly rates for attorneys and the expert, Dr. Hermes Garbán, to be reasonable and consistent with prior awards.

The court also found the hours billed by counsel and the expert to be reasonable, noting the preparation of two expert reports and review of respondent's expert report. The costs requested, including medical record costs, mailing costs, and the court's filing fee, were also deemed reasonable.

The court awarded the full amount of $41,819.77, comprising $25,821.50 in attorneys' fees and $15,998.27 in costs, to be paid jointly to Petitioner and her counsel.