VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00627
Package ID: USCOURTS-cofc-1_11-vv-00627
Petitioner: Joe B. Wallace
Filed: 2011-05-06
Decided: 2014-05-06
Vaccine: 
Vaccination date: 
Condition: 
Outcome: denied
Award amount USD: 

AI-assisted case summary:
Joe B. Wallace filed a petition under the National Vaccine Injury Compensation Program. The Special Master issued a decision on the merits on January 16, 2014, which denied compensation. The public decision does not describe the specific vaccine(s) at issue, the vaccination date(s), the alleged condition, the petitioner's counsel, the respondent's counsel, or the clinical details of the case. On April 14, 2014, the parties filed a stipulation concerning attorneys' fees and costs. Special Master Lisa Hamilton-Fieldman reviewed the stipulation. She found that the petition was brought in good faith and that there existed a reasonable basis for the claim, making an award for fees and costs appropriate under 42 U.S.C. §§ 300aa-15(b) and (e)(1). The Special Master awarded a total of $131,211.99 as a lump sum payable jointly to Petitioner Joe B. Wallace and his counsel, Robert J. Krakow, Esq. Additionally, the Special Master awarded $3,153.36 payable solely to Petitioner Joe B. Wallace. The total award for attorneys' fees and costs was $134,365.35. The decision was to be posted on the United States Court of Federal Claims' website, with parties having 14 days to request redactions.

Theory of causation field:
The public text does not describe the specific vaccine(s) or dates of vaccination, nor the alleged injury or condition. The underlying merits decision, issued January 16, 2014, denied compensation. The public text does not provide details on the theory of causation, expert testimony, or the Special Master's reasoning for the denial. On April 14, 2014, Special Master Lisa Hamilton-Fieldman issued a decision on attorneys' fees and costs, awarding a total of $134,365.35 ($131,211.99 jointly to petitioner and counsel Robert J. Krakow, and $3,153.36 to petitioner) based on a finding of good faith and a reasonable basis for the claim, pursuant to 42 U.S.C. § 300aa-15(b) and (e)(1).

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_11-vv-00627-1
Date issued/filed: 2014-05-06
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/14/2014) regarding 109 DECISION Fees Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:11-vv-00627-UNJ Document 112 Filed 05/06/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 11-627V
(E-Filed: April 14, 2014)
* * * * * * * * * * * * * * *
JOE B. WALLACE, * UNPUBLISHED
*
Petitioner, * Special Master
* Hamilton-Fieldman
v. *
* Decision on Attorneys’ Fees and Costs.
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. * .
* * * * * * * * * * * * * * *
Robert J. Krakow, Law Office of Robert J. Krakow, P.C., for Petitioner.
Lynn Ricciardella, 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 January 16, 2014. On April 14, 2014, the parties filed a
stipulation concerning attorney’s fees and costs in this matter. The parties’ stipulation
requests an award of final attorneys’ fees and costs in the amount of $131,211.99, to be
split jointly between Petitioner and Petitioner’s counsel, and an award of costs pursuant
to General Order # 9, in the amount of $3,153.36, payable solely to Petitioner.
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 1:11-vv-00627-UNJ Document 112 Filed 05/06/14 Page 2 of 2
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 total $131,211.99, as a lump sum in the form of a check payable jointly
to Petitioner and Petitioner’s counsel, Robert J. Krakow, Esq. The undersigned
additionally awards the total of $3,153.36, payable solely to Petitioner.
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