VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_08-vv-00819 Package ID: USCOURTS-cofc-1_08-vv-00819 Petitioner: Jessica Mura Filed: Decided: 2013-12-18 Vaccine: Vaccination date: Condition: Outcome: compensated Award amount USD: AI-assisted case summary: On July 21, 2014, Chief Special Master Denise Kathryn Vowell issued a decision regarding attorney fees and costs in the case of Jessica Mura, petitioner, and the Secretary of Health and Human Services, respondent. The decision followed a prior award of compensation made on December 18, 2013, pursuant to the respondent's proffer. On July 18, 2014, the parties submitted a stipulation for attorney fees and costs. This stipulation indicated that following informal discussions about the petitioner's draft fee application, the petitioner had amended her request. The respondent did not object to the amended amount. The stipulation also noted that the petitioner incurred no personal litigation costs, in accordance with General Order #9. Chief Special Master Vowell found that the petition was brought in good faith and had a reasonable basis, making an award for fees and costs appropriate under 42 U.S.C. §§ 300aa-15(b) and (e)(1). The proposed amount was deemed reasonable and appropriate. Consequently, Chief Special Master Vowell awarded a total of $150,000.00, to be paid by check jointly to the petitioner, Jessica Mura, and her counsel of record, Corey J. Hogan of Hogan Willig, Esquire, for petitioner's attorney fees and costs. This award was intended to cover all legal expenses, including advanced costs and fees for legal services rendered, and prevented the attorney from charging or collecting additional fees or costs. The decision was not to be published. Corey J. Hogan represented the petitioner, and Linda S. Renzi represented the respondent. The specific vaccine, vaccination date, alleged injury, and the details of the compensation award are not described in this decision, which focuses solely on attorney fees and costs. Theory of causation field: The public decision is solely on attorney fees and costs, not the underlying vaccine injury claim. The decision states that compensation was awarded pursuant to respondent's proffer on December 18, 2013. The specific vaccine, vaccination date, petitioner's age at vaccination, and the nature of the alleged injury are not described in the provided text. The outcome was compensated. On July 21, 2014, Chief Special Master Denise K. Vowell awarded $150,000.00 in attorney fees and costs, payable jointly to petitioner Jessica Mura and her counsel Corey J. Hogan. This fee award is separate from the injury compensation amount, which is not detailed in the public text. No specific theory of causation or medical experts are mentioned in this fees decision. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_08-vv-00819-0 Date issued/filed: 2014-08-28 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 07/21/2014) regarding 187 DECISION Fees Stipulation. Signed by Chief Special Master Denise Kathryn Vowell. (tpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:08-vv-00819-UNJ Document 190 Filed 08/28/14 Page 1 of 2 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS No. 08-819V Filed: July 21, 2014 (Not To Be Published) * * * * * * * * * * * * * * * * * * * * * * * * * * * JESSICA MURA, * * Stipulation; Attorney Fees and Costs Petitioner, * * v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * Corey J. Hogan, Esq., Hogan, Willig, Esquire, Amherst, NY for petitioner. Linda S. Renzi, Esq., U.S. Department of Justice, Washington, DC, for respondent. 1 DECISION ON ATTORNEY FEES AND COSTS Vowell, Chief Special Master: In this case under the National Vaccine Injury Compensation Program,2 I issued a decision on December 18, 2013, that awarded compensation pursuant to respondent’s proffer. On July 18, 2014, the parties filed a stipulation for attorney fees and costs. The stipulation indicates that after informal discussions regarding petitioner’s draft fee application, petitioner has amended her fee request. Respondent does not object to the amended amount petitioner is requesting. Additionally, pursuant to General Order #9, the stipulation notes that petitioner incurred no personal litigation costs. 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 1:08-vv-00819-UNJ Document 190 Filed 08/28/14 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. 3 Accordingly, I hereby award the total $150,000.00 in the form of a check payable jointly to petitioner and petitioner’s counsel of record, Corey J. Hogan, for petitioner’s 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