VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_08-vv-00402
Package ID: USCOURTS-cofc-1_08-vv-00402
Petitioner: M.M.H.
Filed: 2014-01-10
Decided: 2014-03-07
Vaccine: 
Vaccination date: 
Condition: 
Outcome: compensated
Award amount USD: 135000

AI-assisted case summary:
Ricky and Jamila Harris, as parents and natural guardians of their minor child M.M.H., filed a petition for compensation under the National Vaccine Injury Compensation Program. The case progressed to a point where attorneys' fees and costs were awarded. On January 10, 2014, the Special Master awarded $110,422.59 in attorneys' fees and costs and $24,577.41 in petitioners' costs, totaling $135,000.00. Subsequently, on March 7, 2014, the parties filed a joint motion to amend the judgment. It was discovered that petitioners' counsel had been overpaid by $2,000.00 due to an accounting error regarding expert witness fees. The court directed that an additional judgment be entered in favor of the respondent for this overpayment, ordering petitioners' counsel to repay the $2,000.00 to the Department of Health and Human Services.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_08-vv-00402-0
Date issued/filed: 2014-01-10
Pages: 2
Docket text: PUBLIC DECISION Signed by Special Master Laura D Millman. (tjk) Copy to parties.
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Case 1:08-vv-00402-UNJ Document 97 Filed 01/10/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 08-402V
Filed: January 10, 2014
Not for Publication
*************************************
RICKEY HARRIS and JAMILA HARRIS, *
as Parents and Natural Guardians of *
M.M.H., a Minor, *
*
Petitioners, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Anne C. Toale, Sarasota, FL, for petitioners.
Voris E. Johnson, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On January 9, 2014, the parties filed a stipulation of fact in which they agreed on an
appropriate amount for attorneys’ fees and costs in this case.
On December 23, 2013, petitioners filed an Application for Attorneys’ Fees and Costs
(“Application”) and supporting documentation. In accordance with the General Order #9
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made
available to the public unless they contain trade secrets or commercial or financial information that is
privileged and confidential, or medical or similar information whose disclosure would constitute a clearly
unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and
move to redact such information prior to the document=s disclosure. If the special master, upon review,
agrees that the identified material fits within the banned categories listed above, the special master shall
redact such material from public access.

Case 1:08-vv-00402-UNJ Document 97 Filed 01/10/14 Page 2 of 2
requirement, petitioners filed a statement on December 23, 2013, outlining the $24,577.41 they
incurred in out-of-pocket expenses. During informal discussions, respondent raised objections to
certain items in petitioners’ application. Based on these objections, petitioners amend their
application for attorneys’ fees and costs to seek reimbursement for $110,422.59 in attorneys’ fees
and costs and $24,577.41 in petitioners’ costs. Respondent does not object to these amounts.
The undersigned finds these amounts to be reasonable. Accordingly, the court awards:
a. $110,422.59, representing reimbursement for attorneys’ fees and costs. The award
shall be in the form of a check in the amount of $110,422.59 made payable jointly to
petitioners and Maglio, Christopher & Toale, P.A.; and
b. $24,577.41, representing petitioners’ out-of-pocket expenses. The award shall be in
the form of a check in the amount of $24,577.41 made payable to petitioners.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the
court is directed to enter judgment herewith.2
IT IS SO ORDERED.
Dated: January 10, 2014 s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2

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DOCUMENT 2: USCOURTS-cofc-1_08-vv-00402-1
Date issued/filed: 2014-03-28
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/07/2014) regarding 99 DECISION of Special Master - Fees Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:08-vv-00402-UNJ Document 102 Filed 03/28/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 08-402V
Filed: March 7, 2014
Not for Publication
*************************************
RICKY HARRIS and JAMILA HARRIS, *
as Parents and Natural Guardians of *
M.M.H., a Minor, *
*
Petitioners, * Repayment of excess attorneys’
* fees; direction of additional
v. * judgment
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Anne C. Toale, Sarasota, FL, for petitioner.
Voris E. Johnson, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION ORDERING REPAYMENT OF EXCESS ATTORNEYS’ FEES
AND DIRECTING ADDITIONAL JUDGMENT1
On January 9, 2014, the parties filed a stipulation of fact, in which they agreed on an
appropriate amount for attorneys’ fees and costs. On January 10, 2014, the undersigned issued a
decision awarding petitioner $110,422.59 in attorneys’ fees and costs and $24,577.41 in
petitioners’ costs. Judgment entered on January 14, 2014.
1 Because this unpublished decision contains a reasoned explanation for the special master's action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims's website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat.
2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be
made available to the public unless they contain trade secrets or commercial or financial information that
is privileged and confidential, or medical or similar information whose disclosure would constitute a
clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify
and move to redact such information prior to the document=s disclosure. If the special master, upon
review, agrees that the identified material fits within the banned categories listed above, the special
master shall redact such material from public access.

Case 1:08-vv-00402-UNJ Document 102 Filed 03/28/14 Page 2 of 2
On March 7, 2014, the parties filed a Joint Motion to Amend/Correct Judgment pursuant
to Rule 60(a) of the Rules of the United States Court of Federal Claims. Following judgment,
respondent forwarded payment in the form of checks made payable to petitioners and their
counsel. These checks were received and negotiated. Petitioners’ counsel subsequently
discovered an inadvertent error in calculating her firm’s litigation costs; specifically, a retainer
payment to one of her experts was incorrectly accounted for, resulting in an overpayment to
petitioners’ counsel by $2,000.00. The parties request that the Clerk issue judgment directing
petitioner’s counsel to send a check for $2,000.00 to the Department of Health and Human
Services.
The undersigned finds the parties’ request to be reasonable. Accordingly, the court
directs the clerk to enter an additional judgment in favor of respondent in the amount of
$2,000.00, representing reimbursement for the overpayment for attorneys’ fees and costs. The
award shall be in the form of a check made payable to the U.S. Department of Health and Human
Services with the case name and number referenced in the memo line. The check shall be sent
to:
Ms. Cheryl Lee
Division of Vaccine Injury Compensation/HRSA
5600 Fishers Lane, 11C-26
Rockville, MD 20857
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court is directed to enter judgment herewith.2
IT IS SO ORDERED.
Dated: March 7, 2014 /s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2