S.M. v. HHS - other (2014)

On December 12, 2003, Holly Ciochetti and Patrick MacAulay, as parents of the minor S.M., filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program. They alleged that S.M. suffered an injury from a vaccine or vaccines listed on the Vaccine Injury Table.

The specific vaccine, vaccination date, alleged condition, onset of symptoms, clinical course, and any expert evidence are not described in the provided public text. The respondent, the Secretary of Health and Human Services, did not object to the parties' stipulation regarding interim attorneys' fees and costs.

On September 2, 2014, the parties filed a stipulation requesting a total payment of $26,650.00. This amount included $26,500.00 for attorneys' fees and costs and $150.00 for the petitioners' own litigation expenses.

Special Master George L. Hastings Jr. issued a decision on September 3, 2014, granting the request for interim attorneys' fees and costs.

He found that such an award was authorized by Federal Circuit precedent, citing Avera v. HHS, Shaw v.

HHS, and Cloer v. HHS.

Special Master Hastings determined that the petition was brought in good faith and with a reasonable basis, and that the requested amount was reasonable and appropriate. He awarded a lump sum of $26,500.00, payable jointly to the petitioners and their current counsel, Harry G.

Potter. This amount was intended to compensate for services performed by counsel and related costs, and it included an unspecified portion for prior counsel Clifford J.

Shoemaker, to be distributed by Mr. Potter.

Additionally, a lump sum of $150.00 was awarded, payable directly to the petitioners, to cover their own litigation expenses. The decision noted that it would be posted on the court's website unless a party requested redactions within 14 days, in accordance with Vaccine Rule 18(b).

The public text does not contain information regarding a vaccine-injury damages award or the merits of the case.