VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_09-vv-00674
Package ID: USCOURTS-cofc-1_09-vv-00674
Petitioner: Julius Reese
Filed: 2014-04-10
Decided: 2014-05-01
Vaccine: 
Vaccination date: 
Condition: Autism
Outcome: compensated
Award amount USD: 15086

AI-assisted case summary:
Julius Reese, a minor, by his mother and natural guardian Celeste Reese, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition concerned autism. The Chief Special Master issued a decision dismissing the petition on August 28, 2013. Subsequently, on March 29, 2014, Petitioner filed a final application for attorneys' fees and costs. On April 10, 2014, the parties filed a stipulation for attorneys' fees and costs, indicating that Respondent did not object to the requested amount. Petitioner was represented by Clifford Shoemaker, Esq., and Respondent was represented by Lynn Ricciardella, Esq. The Chief Special Master, Denise Kathryn Vowell, found that the petition was brought in good faith and had a reasonable basis, making an award for fees and costs appropriate. The total award was $15,086.14, comprising $15,059.19 for petitioner's attorney fees and costs, payable jointly to Celeste Reese and Clifford Shoemaker, and $26.95 for Celeste Reese's personal litigation costs. The public decision does not describe the specific vaccines administered, the dates of vaccination, the onset of symptoms, specific medical treatments, or the theory of causation.

Theory of causation field:
The public decision does not describe a theory of causation. The case involved a petition for autism. The petition was dismissed on August 28, 2013. Subsequently, a stipulation for attorneys' fees and costs was filed on April 10, 2014, with an award of $15,086.14 granted by Chief Special Master Denise Kathryn Vowell. The public text does not name any experts or provide details on the mechanism of injury or specific vaccines.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_09-vv-00674-0
Date issued/filed: 2014-05-01
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/10/2014) regarding 38 DECISION Fees Stipulation/Proffer. Signed by Chief Special Master Denise Kathryn Vowell. (tpj) Copy to parties.
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Case 1:09-vv-00674-UNJ Document 41 Filed 05/01/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 09-0674V
Filed: April 10, 2014
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JULIUS REESE, a minor, *
by his mother and natural guardian, *
CELESTE REESE, *
*
Petitioner, *
* Autism; Stipulation;
v. * Attorneys’ Fees and Costs
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Clifford Shoemaker, Esq., Shoemaker, Gentry & Knickelbein, Vienna, VA for
petitioner.
Lynn Ricciardella, Esq., US 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 dismissing this petition on August 28, 2013. Petitioner filed a
final application for attorneys’ fees and costs on March 29, 2014. On April 10,
2014, the parties filed a stipulation for attorneys’ fees and costs. The stipulation
indicates that after informal discussions respondent does not object to the
amount petitioner is requesting.
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 1:09-vv-00674-UNJ Document 41 Filed 05/01/14 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. Accordingly, I hereby
3
award the total $15,086.14 as follows:
• a lump sum of $15,059.19 in the form of a check payable jointly
to petitioner, Celeste Reese and petitioner’s counsel of record,
Clifford Shoemaker, for petitioner’s attorney fees and costs,
and
• a lump sum of $26.95 in the form of a check payable to
petitioner, Celeste Reese, for her personal litigation 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