VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_09-vv-00170
Package ID: USCOURTS-cofc-1_09-vv-00170
Petitioner: D.W.O.
Filed: 2009-03-23
Decided: 2014-10-02
Vaccine: 
Vaccination date: 
Condition: 
Outcome: compensated
Award amount USD: 113154

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_09-vv-00170-0
Date issued/filed: 2014-10-23
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/02/2014) regarding 69 DECISION Fees Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:09-vv-00170-UNJ Document 73 Filed 10/23/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 09-170V
(E-Filed: October 2, 2014)
* * * * * * * * * * * * * * * *
SCOTT A. O’BRIEN and LYNN M. O’BRIEN, * UNPUBLISHED
as Parents and Legal Representatives of their *
minor son, D.W.O., * Special Master
* Hamilton-Fieldman
Petitioners, *
*
v. * Decision on Attorneys’ Fees
* and Costs; Reasonable Amount
SECRETARY OF HEALTH * Requested to Which Respondent
AND HUMAN SERVICES, * Does Not Object.
*
Respondent. *
* * * * * * * * * * * * * * * *
Ramon Rodriguez III, Rawls, McNelis & Mitchell, Richmond, VA, for Petitioners.
Voris E. Johnson, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION1 (ATTORNEY FEES AND COSTS)
In this case under the National Vaccine Injury Compensation Program,2
Petitioners, Scott and Lynn O’Brien, filed a petition on behalf of their minor child,
1 The undersigned intends to post this unpublished 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)). As provided by Vaccine Rule 18(b), each party has 14 days within
which to request redaction “of any information furnished by that party (1) that is trade
secret or commercial or financial information and is privileged or confidential, or (2) that
are medical files and similar files the disclosure of which would constitute a clearly
unwarranted invasion of privacy.” Otherwise, “the entire” decision will be available to
the public. Id.
2 The applicable statutory provisions defining the program are found at 42 U.S.C.
§ 300aa-10 et seq. (2006).
1

Case 1:09-vv-00170-UNJ Document 73 Filed 10/23/14 Page 2 of 2
D.W.O.3, on March 23, 2009. The undersigned issued a decision on September 25, 2013
finding that Petitioners were entitled to compensation. On October 1, 2014, the parties
filed a Stipulation for Attorneys’ Fees and Costs. This stipulation requests a total
payment of $113,154.56, representing total attorneys’ fees and costs and Petitioner’s
expenses, pursuant to General Order #9.
The undersigned finds 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. Accordingly, the undersigned hereby
awards the amount of $106,500.00, in the form of a check made payable jointly to
Petitioners and Petitioners’ counsel, Ramon Rodriguez III, Esq. The undersigned
also awards the amount of $6,654.56, in the form of a check made payable solely to
Petitioners, Scott A. O’Brien and Lynn M. O’Brien.
In the absence of a timely-filed motion for review filed pursuant to Appendix B of
the Rules of the U.S. Court of Federal Claims, the clerk of the court shall enter judgment
in accordance herewith.
IT IS SO ORDERED.
s/Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
3 Since the Decision was originally issued, the caption has been changed to reflect the
minor’s initials rather than his whole name. Order, ECF No. 70.
2