VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_07-vv-00059
Package ID: USCOURTS-cofc-1_07-vv-00059
Petitioner: N.S.
Filed: 2007-01-24
Decided: 2014-01-28
Vaccine: DTaP
Vaccination date: 2005-03-04
Condition: seizure disorder
Outcome: denied
Award amount USD: 

AI-assisted case summary:
On January 24, 2007, Jed and Lilia Snyder, parents of N.S., a minor, filed a petition for compensation under the National Childhood Vaccine Injury Act. They alleged that their child received a diphtheria-tetanus-acellular pertussis (DTaP) vaccination on March 4, 2005, and subsequently developed a seizure disorder, which they contended was caused by the vaccination. Special Master Christian J. Moran initially denied compensation on May 27, 2011. Subsequently, the Court of Federal Claims reversed this decision and remanded the case with instructions to determine damages, leading to a damages decision based on the parties' proffer on January 8, 2013. However, on January 28, 2014, the Federal Circuit reversed the Court of Federal Claims' ruling, holding that the petitioners were not entitled to compensation under the Vaccine Act. Despite the ultimate denial of compensation, the court awarded attorneys' fees and costs because the petition had been brought in good faith and with a reasonable basis, particularly given the earlier Court of Federal Claims ruling that had directed compensation. On June 2, 2014, Special Master Christian J. Moran issued a decision awarding fees and costs totaling $222,801.98. This amount included a lump sum payment of $222,338.11 payable jointly to petitioners Jed Snyder and Lilia Snyder and their attorney, Ronald C. Homer of Conway, Homer & Chin-Caplan, P.C., for attorneys' fees and costs. Additionally, a lump sum payment of $463.87 was awarded to petitioners Jed Snyder and Lilia Snyder for their costs. The respondent did not object to this total award. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury alleged beyond the general claim of a seizure disorder caused by the DTaP vaccine. The attorneys for the petitioner were Ronald C. Homer, and the attorney for the respondent was Voris E. Johnson.

Theory of causation field:
Petitioners alleged that a DTaP vaccination administered on March 4, 2005, to minor N.S. caused a seizure disorder. The initial petition was filed on January 24, 2007. Special Master Christian J. Moran denied compensation on May 27, 2011. The Court of Federal Claims reversed and remanded for damages, with a damages proffer decision issued on January 8, 2013. The Federal Circuit reversed on January 28, 2014, holding petitioners were not entitled to compensation. A subsequent fees decision on June 2, 2014, awarded $222,801.98 in attorneys' fees and costs ($222,338.11 jointly to petitioners and Ronald C. Homer for fees/costs, and $463.87 to petitioners for costs) based on the petition being brought in good faith and with a reasonable basis, citing the prior Court of Federal Claims ruling. No specific medical experts, mechanism of injury, or detailed clinical facts regarding the seizure disorder's onset, symptoms, or treatment were detailed in the public decision concerning the entitlement phase. Attorneys for petitioner were Ronald C. Homer; attorney for respondent was Voris E. Johnson.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_07-vv-00059-0
Date issued/filed: 2014-06-24
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 06/02/2014) regarding 196 DECISION Fees Stipulation/Proffer. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:07-vv-00059-SGB Document 200 Filed 06/24/14 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
JED SNYDER and LILIA SNYDER, *
Parents of N.S., a minor, *
* No. 07-59
Petitioners, * Special Master Christian J. Moran
*
*
v. * Filed: June 2, 2014
*
SECRETARY OF HEALTH * Attorneys’ fees and costs;
* stipulation of fact; award in
AND HUMAN SERVICES, * the amount to which respondent
* does not object
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Ronald C. Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for
Petitioner;
Voris E. Johnson, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On April 23, 2014, petitioners filed a Motion for Attorney Fees and Costs.
Respondent filed a Stipulation of Fact Concerning Attorneys’ Fees and Costs
(“Stipulation”). The Court awards the amount to which respondent has not
objected.
On January 24, 2007, petitioners, Jed Snyder and Lilia Snyder, filed a
petition for compensation on behalf of their minor child, N.S., alleging that N.S.
received a diphtheria-tetanus-acellular pertussis (“DTaP”) vaccination on March 4,
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:07-vv-00059-SGB Document 200 Filed 06/24/14 Page 2 of 3
2005, and subsequently suffered the onset of a seizure disorder, which petitioner
contended was caused by the vaccination.
A decision denying compensation was issued on May 27, 2011. 2011 WL
3022544. The Court of Federal Claims reversed this decision and remanded with
instructions to determine an award of damages for petitioner. 102 Fed. Cl. 305
(2011). On January 8, 2013, a decision awarding damages was issued based on the
parties’ proffer. 2013 WL 391169. However, on January 28, 2014, the Federal
Circuit reversed the ruling by the Court of Federal Claims, finding that petitioners
were not entitled to compensation under the Vaccine Act. Snyder v. Sec’y of
Health and Human Servs., 2014 WL 292399.
Even though compensation was denied, a petitioner who brings a petition in
good faith and who has a reasonable basis for the petition may be awarded
attorneys’ fees and costs. See 42 U.S.C. § 300aa–15(e)(1). The Court’s 2011
Opinion directing compensation be awarded to petitioners justifies a finding of
reasonable basis. Respondent does not contend that petitioners failed to satisfy
these criteria. Thus, petitioners are eligible for an award of attorneys’ fees and
costs.
In their Motion for Attorney Fees and Costs, petitioners requested a total of
$238,073.86 in attorneys’ fees and costs, including $178,362.80 in attorneys’ fees
and $59,711.06 in attorneys’ costs. The expenses may be divided into the
following phases:
Summary of Requested Attorneys’ Fees and Costs by Phase
Phase Attorneys’ Fees Attorneys’ Cost
Special Master/Entitlement $108,686.90 $27,841.16
Court of Federal Claims/Motion for
$15,719.60 $37.48
Review
Special Master/Damages $29,493.80 $30,450.39
Federal Circuit/Appeal $22,091.20 $466.60
Special Master/Attorneys’ Fees and Costs $2,371.30 $915.43
Total Requested Fees and Costs $178,362.80 $59,711.06
After informal discussions, petitioners amended their request and respondent
filed the above-referenced Stipulation, requesting a final award of attorneys’ fees
and costs in the amount of $222,338.11. Additionally, petitioners filed a statement
of costs in compliance with General Order No. 9, stating that they incurred
$463.87 in costs while pursuing this claim. Respondent states that she does not
2

Case 1:07-vv-00059-SGB Document 200 Filed 06/24/14 Page 3 of 3
object to a total award in the amount of $222,801.98 for attorneys’ fees and costs
and petitioners’ costs.
A status conference to discuss petitioners’ Motion for Attorney Fees and
Costs was held on May 8, 2014. After reviewing the request and Stipulation, the
Court awards the following:
1. A lump sum payment of $222,338.11 in the form of a check payable
to petitioner’s attorney, Ronald C. Homer, of the law firm Conway,
Homer & Chin-Caplan, P.C., and petitioners, Jed Snyder and Lilia
Snyder, for attorneys’ fees and costs available under 42 U.S.C. § 300aa-
15(e);
2. A lump sum payment of $463.87 in the form of a check payable to
petitioners, Jed Snyder and Lilia Snyder.
The Court thanks the parties for their cooperative efforts in resolving this
matter. The Clerk shall enter judgment accordingly.2
IT IS SO ORDERED.
S/Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party
filing a notice renouncing the right to seek review by a United States Court of Federal Claims
judge.
3