VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_04-vv-00736
Package ID: USCOURTS-cofc-1_04-vv-00736
Petitioner: V.S.R.
Filed: 
Decided: 2013-12-17
Vaccine: 
Vaccination date: 
Condition: Autism
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_04-vv-00736-0
Date issued/filed: 2014-08-12
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 07/17/2014) regarding 71 DECISION Fees Stipulation. Signed by Chief Special Master Denise Kathryn Vowell. (tpj) Copy to parties.
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Case 1:04-vv-00736-UNJ Document 74 Filed 08/12/14 Page 1 of 2
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 04-736V
Filed: July 17, 2014
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
ROBERT J. RINICELLA and *
HONEY L. RINICELLA, parents of *
V.S.R., a minor, *
*
Petitioners, * Autism; Stipulation;
v. * Attorney Fees and Costs
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Robert Krakow, Esq. Law Office of Robert Krakow, P.C., New York, NY for petitioners.
Alexis Babcock, Esq., U.S. Department of Justice, Washington, DC for respondent.
1
DECISION ON ATTORNEY FEES AND COSTS
Vowell, Chief Special Master:
In this case under the National Vaccine Injury Compensation Program,2 I issued
a dismissal decision on December 17, 2013. On July 14, 2014, the parties filed a
stipulation for attorney fees and costs and a statement pursuant to General Order #9
conveying that petitioners incurred out-of-pocket expenses. The stipulation indicates
that after informal discussions, petitioners amended their fees and costs request to an
amount that respondent does not object.
I find that this petition was brought in good faith and that there existed a
reasonable basis for the claim. Therefore, an award for fees and costs is appropriate,
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).

Case 1:04-vv-00736-UNJ Document 74 Filed 08/12/14 Page 2 of 2
pursuant to 42 U.S.C. §§ 300aa-15(b) and (e)(1). Further, the proposed amount seems
reasonable and appropriate.
3
Accordingly, I hereby award the total $16,821.36 as follows:
• a lump sum of $14,700.00 in the form of a check payable jointly to
petitioners (Robert and Honey Rinicella) and petitioners’ counsel of
record (Robert J. Krakow) for petitioners’ attorney fees and costs,
and
• a lump sum of $2,121.36 in the form of a check payable to petitioners
(Robert and Honey Rinicella) for their out-of-pocket expenses.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
s/ Denise K. Vowell
Denise K. Vowell
Chief 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, 42 U.S.C. § 300aa-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, HHS, 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