{"package_id":"USCOURTS-cofc-1_06-vv-00559","decision_granule_id":"USCOURTS-cofc-1_06-vv-00559-cl6659952","petitioner_identifier":"Giavanna Maria Rodriguez","is_minor":1,"age_at_vaccination":0.367,"age_unit_raw":null,"vaccine_type":null,"vaccination_date":null,"condition_raw":"encephalopathy","condition_category":"encephalitis_encephalopathy","autism_spectrum_adjacent":0,"outcome":"compensated","award_amount_usd":48381,"decision_date":"2010-02-22","extraction_version":"gemini-v2","extracted_at":"2026-04-30T14:30:49.255757+00:00","number_of_concurrent_vaccines":null,"dose_number":null,"time_to_onset_days":null,"theory_of_causation":"The public text does not detail the specific vaccine(s) administered or the date(s) of vaccination. Giavanna Maria Rodriguez, an infant, allegedly suffered from an encephalopathy following vaccination, which led to her death. The petition was filed under the National Childhood Vaccine Injury Act of 1986. The Special Master found that Giavanna suffered from an injury listed on the Vaccine Injury Table, entitling her estate to compensation. The parties negotiated a settlement, and the Special Master memorialized the joint stipulation and awarded compensation. The case then proceeded to an application for attorneys' fees and costs. Petitioner's attorneys were John E. McHugh and Gilbert Gaynor. Respondent was the Secretary of Health and Human Services. The Special Master awarded $42,270 in fees for Mr. McHugh and $6,111 for Mr. Gaynor, totaling $48,381. Petitioner sought review of the attorneys' fees award, arguing the rates and hours were too low. The Court of Federal Claims denied the motion for review, upholding the Special Master's decision on hourly rates and hours, and found it lacked jurisdiction to review the Special Master's commentary on the attorneys' advocacy. The theory of causation for the injury itself is not detailed in the provided text, beyond it being an encephalopathy and listed on the Vaccine Injury Table.","is_death":1,"date_of_death":"2004-09-15","petition_filed_date":"2006-07-31","case_summary":"Giavanna Maria Rodriguez, an infant, received a vaccination and subsequently died from an encephalopathy. Her parents, Gabriel Gene and Jennifer Ann Rodriguez, filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986 on July 31, 2006. A settlement was reached, and the Special Master memorialized the joint stipulation and awarded compensation on November 27, 2007. The case then proceeded to an application for attorneys' fees and costs. Petitioner's attorney, John E. McHugh, initially requested $65,925 in fees at a $450 hourly rate. This request was later amended to $94,642, with increased hourly rates. Respondent argued that the hourly rate was unreasonable and some hours were improper. Petitioner also sought fees for attorney Gilbert Gaynor, who assisted with a supplemental fee application, requesting $10,395 based on his hourly rates of $450-$475. The Special Master awarded petitioner $42,270 in fees for Mr. McHugh and $6,111 for Mr. Gaynor, totaling $48,381, by reducing the requested hourly rates and hours. Petitioner sought review of the Special Master's decision regarding attorneys' fees and costs, arguing that the hourly rates and hours awarded were too low. The Court of Federal Claims reviewed the Special Master's decision, addressing three objections: the hourly rate determination, the reduction of Mr. McHugh's hours, and the Special Master's commentary on the attorneys' advocacy. The court upheld the Special Master's determination of reasonable hourly rates, finding that the Laffey matrix was not applicable to Vaccine Act litigation and that the Special Master appropriately considered other evidence to establish the forum rate. The court also found no abuse of discretion in the Special Master's reduction of Mr. McHugh's hours for preparing a posthearing memorandum. Finally, the court determined it lacked jurisdiction to review the Special Master's commentary on the attorneys' advocacy, but even if it had jurisdiction, it would find the commentary largely supported by the record, with a minor attribution error regarding Mr. Gaynor. The court denied petitioner's motion for review and directed the clerk to enter judgment.","is_minor_inferred":0,"is_pediatric_broad":1,"special_master":"Denise K. Vowell","petitioner_identifier_original":null,"caption_petitioner_name":null,"petitioner_attorney_name":"John F. McHugh","petitioner_attorney_firm":"Law Office of John McHugh","petitioner_attorney_location":"New York, NY","adjudicator_name":null,"caption_people_backfilled_at":null,"attorney_canonical_keys":"|john-mchugh|","firm_canonical_key":"law-office-of-john-mchugh","package_title":"Rodriguez ex rel. Estate of Rodriguez v. Secretary of Health & Human Services","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_06-vv-00559","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_06-vv-00559.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_06-vv-00559.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_06-vv-00559-cl6659952","title":"Rodriguez ex rel. Estate of Rodriguez v. Secretary of Health & Human Services","docket_text":"lead-opinion","date_issued":"2010-02-22","pdf_url":"https://www.courtlistener.com/opinion/6776642/rodriguez-ex-rel-estate-of-rodriguez-v-secretary-of-health-human/","pdf_bytes":null,"triage_decision":"keep","triage_reason":"recovered via CL opinion 6659952 (html_with_citations)","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_06-vv-00559/USCOURTS-cofc-1_06-vv-00559-cl6659952"},{"granule_id":"USCOURTS-cofc-1_06-vv-00559-cl-extra-855946","title":"","docket_text":"Supplementary opinion from CourtListener cluster 855946","date_issued":"2013-03-01","pdf_url":null,"pdf_bytes":null,"triage_decision":"keep","triage_reason":"CL supplement: ","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_06-vv-00559/USCOURTS-cofc-1_06-vv-00559-cl-extra-855946"}]}