VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_03-vv-02813
Package ID: USCOURTS-cofc-1_03-vv-02813
Petitioner: S.M.
Filed: 2003-12-12
Decided: 2014-09-03
Vaccine: 
Vaccination date: 
Condition: 
Outcome: unclear
Award amount USD: 

AI-assisted case summary:
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.

Theory of causation field:
The public text for minor S.M. is an interim attorneys' fees and costs decision, not a merits or damages ruling. The petition was filed on December 12, 2003, alleging injury by a vaccine or vaccines on the Vaccine Injury Table. The specific vaccine, vaccination date, alleged injury, onset, clinical facts, and expert testimony are not described in this interim decision. The Special Master George L. Hastings Jr. awarded interim fees and costs on September 3, 2014, based on a stipulation filed by the parties on September 2, 2014. The award totaled $26,650.00: $26,500.00 in attorneys' fees and costs payable jointly to petitioners Holly Ciochetti and Patrick MacAulay and current counsel Harry G. Potter (including an unspecified amount for prior counsel Clifford J. Shoemaker), and $150.00 for petitioners' own litigation expenses. Respondent did not object. The decision cited Federal Circuit precedent authorizing interim fees when a petition is brought in good faith and with a reasonable basis.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_03-vv-02813-0
Date issued/filed: 2014-09-26
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/03/2014) regarding 54 DECISION Interim Fees Stipulation/Proffer Signed by Special Master George L. Hastings. (jtl) Copy to parties.
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Case 1:03-vv-02813-UNJ Document 59 Filed 09/26/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 03-2813V
Filed: September 3, 2014
(Not to be Published)
* * * * * * * * * * * * * * * * * * * * * * * * *
*
HOLLY CIOCHETTI and *
PATRICK MACAULAY, *
parents of S.M., a minor, * Decision on Interim Attorneys’
* Fees and Costs
*
Petitioners, *
*
v. *
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
DECISION AWARDING INTERIM ATTORNEYS’ FEES AND COSTS 1
On December 12, 2003, Petitioners filed a Petition for Vaccine Compensation in the
National Vaccine Injury Compensation Program (“the Program”),2 alleging that S.M. was injured
by a vaccine or vaccines listed on the Vaccine Injury Table. See § 14. On September 2, 2014,
the parties filed a stipulation concerning interim attorney’s fees and costs in this matter. The
parties’ stipulation requests a total payment of $26,650.00, representing attorneys’ fees and costs
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)). As
provided by Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any information
furnished by that party (1) that is trade secret or commercial or financial information and is privileged or
confidential, or (2) that are medical files and similar files the disclosure of which would constitute a clearly
unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, “the entire” decision will be available to the
public. Id.
2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100
Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 et seq. (hereinafter “Vaccine Act” or “the Act”). Hereafter,
individual section references will be to 42 U.S.C. § 300aa of the Act.
1

Case 1:03-vv-02813-UNJ Document 59 Filed 09/26/14 Page 2 of 2
of $26,500.00, and $150.00 for Petitioners’ own litigation expenses. Respondent does not object
to an award in that amount.
I find that an award of interim attorneys’ fees and costs is appropriate in this case.
Interim attorneys’ fees and costs are explicitly authorized by the binding precedent of the United
States Court of Appeals for the Federal Circuit. Avera v. HHS, 515 F.3d. 1343; Shaw v. HHS,
609 F.3d 1372, 1374 (Fed. Cir. 2010) (“the Vaccine Act permits [an] award of interim fees and
costs”); Cloer v. HHS, 675 F.3d 1358, 1361-62 (Fed. Cir. 2012) (“Congress made clear that
denying interim attorneys’ fees under the Vaccine Act is contrary to an underlying purpose of the
Vaccine Act.”). See also Vaccine Rule 13(b).
The request for interim attorneys’ fees and costs is hereby granted. Petitioners are
awarded reasonable interim 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 amount requested
is reasonable and appropriate. Accordingly, I hereby award the following interim attorneys’ fees
and costs pursuant to 42 U.S.C. § 300aa-15(b) and (e)(1):
● a lump sum of $26,500.00, in the form of a check payable jointly to Petitioners
and Petitioners’ current counsel of record, Harry G. Potter, which represents
compensation for services performed by counsel on Petitioners’ behalf, and
related costs. (Included within this total is an unspecified amount to compensate
Petitioners’ previous counsel, Clifford J. Shoemaker, and that amount should be
distributed by Mr. Potter accordingly.)
● a lump sum of $150.00, in the form of a check payable to Petitioners, which
represents petitioner’s own litigation expenses in this case.
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.3
IT IS SO ORDERED.
/s/ George L. Hastings, Jr.
George L. Hastings, Jr.
Special Master
3 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