VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_10-vv-00439
Package ID: USCOURTS-cofc-1_10-vv-00439
Petitioner: Jamie Miller
Filed: 
Decided: 2014-08-26
Vaccine: 
Vaccination date: 
Condition: 
Outcome: compensated
Award amount USD: 57600

AI-assisted case summary:
This case was filed under the National Vaccine Injury Compensation Program by Jamie Miller, as Personal Representative of the Estate of Lisa Miller. The Special Master issued a decision on attorneys' fees and costs on August 26, 2014. The parties filed a stipulation requesting a total payment of $57,600.00 for attorneys' fees and costs. The stipulation indicated that the Petitioner incurred no costs in pursuit of the claim. Special Master Lisa Hamilton-Fieldman 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. Accordingly, Special Master Hamilton-Fieldman awarded $57,600.00, to be paid by check jointly to the Petitioner and Petitioner's counsel, F. John Caldwell, Jr. Judgment was to be entered in accordance with this award unless a timely motion for review was filed. The decision was unpublished and posted on the United States Court of Federal Claims' website, with parties having 14 days to request redaction of trade secret, commercial, financial, or medical information that would constitute a clearly unwarranted invasion of privacy.

Theory of causation field:
The public decision does not describe the theory of causation or the specific vaccine(s) and vaccination date(s) related to the claim for Lisa Miller. The case proceeded to a decision on attorneys' fees and costs. On August 26, 2014, Jamie Miller, as Personal Representative of the Estate of Lisa Miller, and the Secretary of Health and Human Services filed a stipulation for attorneys' fees and costs. The stipulation requested a total payment of $57,600.00 for attorneys' fees and costs, noting that the Petitioner incurred no costs. Special Master Lisa Hamilton-Fieldman found the petition was brought in good faith with a reasonable basis, awarding the stipulated amount of $57,600.00 jointly to the Petitioner and Petitioner's counsel, F. John Caldwell, Jr. The decision was issued on August 26, 2014, and judgment was to be entered accordingly. No specific medical experts or clinical details regarding the alleged injury or its causation were mentioned in the public text.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_10-vv-00439-0
Date issued/filed: 2014-09-17
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/26/2014) regarding 59 DECISION Fees Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:10-vv-00439-UNJ Document 62 Filed 09/17/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 10-439V
(E-Filed: August 26, 2014)
* * * * * * * * * * * * * * *
JAMIE MILLER, as Personal * UNPUBLISHED
Representative of the Estate of, LISA
MILLER, *
*
Petitioner, * Special Master
* Hamilton-Fieldman
v. *
* Decision on Attorneys’ Fees and Costs.
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. * .
* * * * * * * * * * * * * * *
F. John Caldwell, Jr., Maglio, Christopher & Toale, Sarasota, FL, for Petitioner.
Linda S. Renzi, 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 the
undersigned issued a decision on December 12, 2013. On August 25, 2014, the parties
filed a Stipulation for Attorneys’ Fees and Costs. This stipulation requests a total
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 1:10-vv-00439-UNJ Document 62 Filed 09/17/14 Page 2 of 2
payment of $57,600.00, representing total attorneys’ fees and costs. Pursuant to General
Order #9, the stipulation reflects that Petitioner incurred no costs in pursuit of his claim.
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 $57,600.00, in the form of a check made payable jointly to
Petitioner and Petitioner’s counsel, F. John Caldwell, Jr., Esq.
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
2