VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_05-vv-00306
Package ID: USCOURTS-cofc-1_05-vv-00306
Petitioner: MADISON DERIBEAUX
Filed: 2014-01-23
Decided: 2014-01-23
Vaccine: 
Vaccination date: 
Condition: 
Outcome: compensated
Award amount USD: 186638

AI-assisted case summary:
Madison Deribeaux, a minor, by her parents and natural guardians Gus Deribeaux and Kimberly Burshiem, filed a petition for compensation under the National Vaccine Injury Compensation Program on January 23, 2014. Special Master Lord had previously dismissed the case on December 9, 2011. Following an appeal process, the case was reassigned. Petitioners filed a motion for attorney fees and costs on December 4, 2013, and subsequently filed a stipulation for attorney fees and costs on January 23, 2014. The parties agreed to an amended amount for fees and costs. Chief Special Master Vowell found that the petition was brought in good faith with a reasonable basis, making an award for fees and costs appropriate. The court awarded a total of $186,638.12, comprising $185,000.00 for attorney fees and costs, and $1,638.12 for petitioners' personal litigation costs.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_05-vv-00306-0
Date issued/filed: 2014-01-23
Pages: 2
Docket text: PUBLIC DECISION Signed by Chief Special Master Denise Kathryn Vowell. (tjk) Copy to parties.
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Case 1:05-vv-00306-GWM Document 135 Filed 01/23/14 Page 1 of 2
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 05-306V
Filed: January 23, 2014
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MADISON DERIBEAUX, a minor, *
by her parents and natural guardians, *
GUS DERIBEAUX and *
KIMBERLY BURSHIEM, * Attorney Fee and Costs; Stipulation
*
Petitioners, *
*
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES *
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Clifford Shoemaker, Esq., Shoemaker and Associates, Vienna, VA for petitioners.
Glenn MacLeod, Esq., U.S. Dept. of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Vowell, Chief Special Master:
In this case under the National Vaccine Injury Compensation Program,2 Special
Master Lord issued a decision dismissing the case on December 9, 2011.
Subsequently, petitioners underwent a lengthy appeals process both in the U.S. Court
of Federal Claims and the U.S. Court of Appeals for the Federal Circuit. On November
6, 2013, I was reassigned this case.
Petitioners filed their motion for attorney fees and costs on December 4, 2013.
On January 23, 2014, the parties filed a stipulation for attorney fees and costs. Both
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 1:05-vv-00306-GWM Document 135 Filed 01/23/14 Page 2 of 2
filings included a statement pursuant to General Order #9 setting forth petitioners’
personal litigation costs. The stipulation indicates that after informal discussions
petitioners agreed to amend their fee application and respondent does not object to the
amended amount petitioners are requesting.
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,
pursuant to 42 U.S.C. §§ 300aa-15(b) and (e)(1). Further, the proposed amount seems
reasonable and appropriate. Accordingly, I hereby award the total $186,638.123 as
follows:
 a lump sum of $185,000.00 in the form of a check payable jointly to
petitioners and petitioners’ counsel of record for petitioners’
attorney fees and costs, and
 a lump sum of $1,638.12 in the form of a check payable to petitioners
for their personal litigation costs.
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