VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_05-vv-00997
Package ID: USCOURTS-cofc-1_05-vv-00997
Petitioner: MICHAEL DIXON and MARGARET DIXON, parents of MICHAEL CHRISTOPHER DIXON
Filed: 
Decided: 2013-08-02
Vaccine: 
Vaccination date: 
Condition: 
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Michael Dixon and Margaret Dixon, parents of Michael Christopher Dixon, a minor, filed a petition under the National Vaccine Injury Compensation Program. Chief Special Master Denise Kathryn Vowell issued a decision dismissing the petition on August 2, 2013. On February 24, 2014, the parties filed a stipulation for attorney fees and costs. Respondent did not object to the requested amount. Petitioners' counsel, Robert J. Krakow, agreed to reimburse petitioners for any compensable personal costs they had incurred. On February 25, 2014, Chief Special Master Vowell found that the petition had been brought in good faith and with a reasonable basis, and that the proposed fee amount was reasonable and appropriate. She awarded $15,577.30 in attorneys' fees and costs, payable jointly to the petitioners and their counsel, Robert J. Krakow. This award was for legal fees and costs only, and the public decision does not describe any vaccine-related injury compensation. The public decision does not describe the specific vaccine(s) administered, the date(s) of vaccination, the alleged injury, symptom onset, clinical history, or the specific theory of causation.

Theory of causation field:
The public decision does not state the vaccine(s), vaccination date(s), alleged injury, symptom onset, clinical history, or causation theory for minor Michael Christopher Dixon. The underlying petition was dismissed by Chief Special Master Denise K. Vowell on August 2, 2013. A subsequent decision on attorney fees and costs, filed February 25, 2014, awarded $15,577.30 payable jointly to petitioners Michael and Margaret Dixon and their counsel Robert J. Krakow, finding the petition was brought in good faith with a reasonable basis and the fees were reasonable. This award was solely for attorney fees and costs, not for vaccine injury compensation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_05-vv-00997-0
Date issued/filed: 2014-03-19
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 02/25/2014) regarding 69 DECISION Fees Stipulation/Proffer Signed by Chief Special Master Denise Kathryn Vowell. (tpj) Copy to parties.
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Case 1:05-vv-00997-UNJ Document 72 Filed 03/19/14 Page 1 of 2
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 05-997V
Filed: February 25, 2014
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MICHAEL DIXON and *
MARGARET DIXON, parents of *
MICHAEL CHRISTOPHER DIXON, * Attorney Fees and Costs.
a minor, *
*
Petitioners, *
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Robert J. Krakow, Law Office of Robert J. Krakow, P.C., New York, NY, for petitioners.
Heather L. Pearlman, U.S. Department 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 I issued
a decision dismissing the petition on August 2, 2013. On February 24, 2014, the parties
filed a stipulation for attorney fees and costs. The stipulation indicates that respondent
does not object to the amount petitioners are requesting. In lieu of filing a Vaccine
General Order 9 statement, pursuant to the stipulation, petitioners’ counsel agrees to
reimburse petitioners any costs that petitioners personally incurred that are
compensable under § 15 (e)(1).
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), petitioners have 14 days to identify and move to
delete medical or other information, the disclosure of which would constitute an
unwarranted invasion of privacy. If, upon review, I agree that the identified material fits
within this definition, 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-00997-UNJ Document 72 Filed 03/19/14 Page 2 of 2
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 $15,577.303 in
the form of a check payable jointly to petitioners and petitioners’ counsel of
record, Robert J. Krakow, for petitioners’ attorney fees and 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