Marian Underwood, As Parent Of And Legal Representative Of The Estate Of Cesar Zachary Moreno, Deceased v. HHS - Hepatitis B, death (2013)

Marian Underwood filed a petition on August 6, 1999, on behalf of the estate of her deceased child, Cesar Zachary Moreno, alleging that a hepatitis B vaccination caused the child's death. Special Master Lord denied the petition on the merits on November 3, 2011.

Petitioner was represented in the proceedings by Ronald Homer of the Law Offices of Homer, Bonner & Jacobs, who received $15,761.38 in attorneys' fees and costs pursuant to a stipulated award — an amount agreed upon by both parties as full compensation for the legal services rendered. Following that final fee award, William Underwood — petitioner's brother, who had assisted her during the proceedings — filed a separate application seeking $3,342.25 in fees for his own work on the case.

Mr. Underwood's application was denied by Chief Special Master Campbell-Smith on May 31, 2013, on four independent grounds, each of which was independently sufficient to bar the application.

First, Mr. Underwood had not established a formal attorney-client relationship with the petitioner.

The record showed that he participated in the matter as a family member providing personal support, not as a retained legal representative. Second, Mr.

Underwood had not been admitted to practice before the Court of Federal Claims at any relevant time; Vaccine Rule 14(a)(1) requires an attorney who appears in vaccine compensation proceedings to hold that admission, and Mr. Underwood did not.

Third, to the extent Mr. Underwood performed any legal work while Ronald Homer was the attorney of record, that work was barred under Vaccine Rule 14(b), which provides that when a petitioner is represented by counsel of record, no other attorney may enter an appearance or seek compensation without leave of court.

Homer was attorney of record throughout the relevant period. Fourth, the parties had already executed a stipulated final award for all fees attributable to the petition, and Mr.

Underwood's separate application was inconsistent with the finality of that agreement. The fee application was denied in full.