V.S.R. v. HHS - Autism (2013)
Case summary [AI summaries can sometimes make mistakes]
Robert J. Rinicella and Honey L.
Rinicella, as parents of V.S.R., a minor, filed a petition under the National Vaccine Injury Compensation Program. The public document is a decision regarding attorneys' fees and costs, not the underlying entitlement decision.
The caption indicates the underlying case involved a claim of autism. However, the provided text does not specify the vaccines administered, the dates of vaccination, the onset of symptoms, the clinical course of the condition, or the specific theory of causation that was presented in the original claim.
Chief Special Master Denise K. Vowell had issued a dismissal decision on December 17, 2013.
On July 14, 2014, the parties filed a stipulation for attorneys' fees and costs, along with a statement that the petitioners had incurred out-of-pocket expenses. Following informal discussions, the petitioners amended their request for fees and costs to an amount to which the respondent did not object.
On July 17, 2014, Chief Special Master Vowell found that the petition had been brought in good faith and with a reasonable basis, making an award for fees and costs appropriate. The total award was $16,821.36.
This amount was comprised of a lump sum of $14,700.00, payable jointly to Robert and Honey Rinicella and their counsel, Robert J. Krakow, for attorneys' fees and costs.
An additional lump sum of $2,121.36 was awarded, payable to Robert and Honey Rinicella, to cover their out-of-pocket expenses. This award was solely for legal fees and costs and did not constitute compensation for a vaccine injury.
Theory of causation
The public decision does not describe the specific vaccines, vaccination dates, age at vaccination, onset of symptoms, clinical presentation, diagnostic tests, treatments, or the specific mechanism of injury alleged for the underlying claim of autism for minor V.S.R. The underlying claim was dismissed by Chief Special Master Denise K. Vowell on December 17, 2013. A subsequent decision on July 17, 2014, addressed attorneys' fees and costs. The parties stipulated to an award of $16,821.36 total, consisting of $14,700.00 for attorneys' fees and costs payable jointly to petitioners Robert and Honey Rinicella and their counsel Robert J. Krakow, and $2,121.36 for petitioners' out-of-pocket expenses. Chief Special Master Vowell found the petition was brought in good faith with a reasonable basis, justifying the fee award. No specific medical experts or causation theories were detailed in this fees decision.
Source PDFs
USCOURTS-cofc-1_04-vv-00736