D.W.O. v. HHS - other (2014)
Case summary [AI summaries can sometimes make mistakes]
Scott A. O’Brien and Lynn M.
O’Brien, as parents and legal representatives of their minor son, D.W.O., filed a petition under the National Vaccine Injury Compensation Program on March 23, 2009. The specific vaccine(s) and condition(s) are not enumerated in the available decision.
The Special Master issued a decision on September 25, 2013, finding that the Petitioners were entitled to compensation. On October 1, 2014, the parties filed a Stipulation for Attorneys’ Fees and Costs.
The Special Master, Lisa Hamilton-Fieldman, found that the petition was brought in good faith and had a reasonable basis. The Special Master awarded a total of $113,154.56 for attorneys' fees, costs, and petitioner's expenses.
This amount was broken down into $106,500.00, payable jointly to Petitioners and their counsel, Ramon Rodriguez III, Esq., and $6,654.56, payable solely to Petitioners Scott A. O’Brien and Lynn M.
O’Brien. The respondent was represented by Voris E.
Johnson of the U.S. Department of Justice.
The public decision does not describe the clinical story, specific symptoms, medical tests, treatments, or the theory of causation.
Theory of causation
The public decision does not enumerate the specific vaccine(s) or condition(s) for which compensation was sought. Petitioners Scott A. O’Brien and Lynn M. O’Brien filed a petition on behalf of their minor son, D.W.O., on March 23, 2009. A decision issued on September 25, 2013, found Petitioners entitled to compensation. The parties subsequently filed a Stipulation for Attorneys’ Fees and Costs on October 1, 2014. Special Master Lisa Hamilton-Fieldman approved a total award of $113,154.56, comprising $106,500.00 for attorneys' fees and costs payable jointly to Petitioners and counsel Ramon Rodriguez III, Esq., and $6,654.56 for Petitioner's expenses payable solely to Scott A. O’Brien and Lynn M. O’Brien. The respondent did not object to the requested amount. The public text does not detail the specific theory of causation, medical experts, or the mechanism of injury.
Source PDFs
USCOURTS-cofc-1_09-vv-00170