VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_03-vv-01301
Package ID: USCOURTS-cofc-1_03-vv-01301
Petitioner: A.Z.
Filed: 
Decided: 2014-02-05
Vaccine: 
Vaccination date: 
Condition: Autism
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Bozena Zarzycka and Arkadivsz Zarzycki, as parents and natural guardians of A.Z., a minor, filed a petition under the National Vaccine Injury Compensation Program. The underlying claim was identified as autism. Special Master George L. Hastings Jr. issued an Order Concluding Proceedings on February 5, 2014, pursuant to Vaccine Rule 21(a). On July 21, 2014, the petitioners moved for a decision adopting the parties' agreement regarding attorneys' fees and costs. Respondent's counsel indicated no objection to the petitioners' request. Petitioners' counsel represented that he would reimburse petitioners for any personally incurred costs compensable under § 15(e)(1). Special Master Hastings granted the motion, awarding petitioners $12,699.13 in attorneys' fees and costs. He found that the petition was brought in good faith and upon a reasonable basis, and that the requested amounts were reasonable and appropriate. The award was to be paid as a lump sum via check jointly to the petitioners and their counsel, Michael A. London. The decision noted that this award covered all legal expenses and that attorneys are prevented from charging additional fees or costs. The public record does not describe the specific vaccines administered, the dates of vaccination, the onset of symptoms, the clinical history, or the specific theory of autism causation. The $12,699.13 award was solely for legal fees and costs, not for vaccine injury compensation.

Theory of causation field:
The public text does not state the specific vaccines, vaccination dates, or the petitioner's age at vaccination for minor A.Z. The alleged condition is autism. The proceedings were concluded under Vaccine Rule 21(a) on February 5, 2014. A subsequent decision on July 21, 2014, addressed attorneys' fees and costs. Special Master George L. Hastings Jr. found the petition was brought in good faith and with a reasonable basis. An award of $12,699.13 for attorneys' fees and costs was granted, payable jointly to petitioners Bozena Zarzycka and Arkadivsz Zarzycki and their counsel, Michael A. London. This award is not vaccine-injury compensation. The public record does not describe the medical experts, the specific causation theory for autism, or any clinical facts related to the alleged injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_03-vv-01301-0
Date issued/filed: 2014-08-11
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 7/21/2014) regarding 52 DECISION Fees Stipulation/Proffer Signed by Special Master George L. Hastings. (jtl) Copy to parties.
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Case 1:03-vv-01301-UNJ Document 55 Filed 08/11/14 Page 1 of 2
In the United States Court of Federal Claims
No. 03-1301V
Filed: July 21, 2014
Not to be Published
* * * * * * * * * * * * * * * * * * * * * * * * *
BOZENA ZARZYCKA and *
ARKADIVSZ ZARZYCKI, as *
the parents and natural guardians *
of A.Z., a minor, *
* Autism; Decision on Attorneys’ Fees
Petitioner, * and Costs
*
v. *
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
DECISION AWARDING ATTORNEYS’ FEES AND COSTS 1
In this case under the National Vaccine Injury Compensation Program,2 I issued an Order
Concluding Proceedings pursuant to Vaccine Rule 21(a), on February 5, 2014. On July 21,
2014, Petitioners filed a Motion for a decision adopting the parties’ agreement with respect to
attorneys’ fees and costs in this case. Pursuant to the parties’ agreement, Petitioners seek
attorneys’ fees and costs in the amount of $12,699.13.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this
decision on the United States Court of Federal Claims' website, in accordance with the E-Government Act of 2002,
Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). In
accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other
information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule
requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the
identified material fits within the requirements of that provision, I will delete such material from public access.
2 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq. (2006).
Hereafter, individual section references will be to 42 U.S.C. § 300aa.
1

Case 1:03-vv-01301-UNJ Document 55 Filed 08/11/14 Page 2 of 2
Petitioners’ Motion represents that Petitioners’ counsel has contacted Respondent’s
counsel to confirm that Respondent has no objection to Petitioners’ request. In lieu of filing a
Vaccine General Order #9 statement, Petitioners’ counsel represents that he will reimburse
Petitioners any costs that Petitioners personally incurred that are compensable under § 15(e)(1).
The request for attorneys’ fees and costs is granted. Petitioners are awarded
reasonable attorneys’ fees and costs pursuant to §§ 15(b) and (e)(1), as I find that the petition
was brought in good faith and upon a reasonable basis, and the amounts requested are reasonable
and appropriate.
Pursuant to §15(e), I award a lump sum3 of $12,699.13, to be paid in the form of a
check payable jointly to the petitioners and petitioners’ counsel, Michael A. London.
In the absence of a timely-filed motion for review filed pursuant to Appendix B of the
Rules of the U.S. Court of Federal Claims, the Clerk of the court shall enter judgment in
accordance herewith.4
IT IS SO ORDERED.
s/George L. Hastings, Jr.
George L. Hastings, Jr.
Special Master
3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all charges by
the attorney against a client, “advanced costs” as well as fees for legal services rendered. Furthermore, § 15(e)(3)
prevents an attorney from charging or collecting fees (including costs) that would be in addition to the amount
awarded herein. See generally Beck v. Sec’y of Dep't Health and Human Services, 924 F.2d 1029 (Fed. Cir.1991).
4 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review. See
Vaccine Rule 11(a).
2