Richard Mahoney and Laura Mahoney, as next friend of Richard David Mahoney v. HHS - other (2014)

Richard and Laura Mahoney, as next friend of Richard David Mahoney, a minor, filed a petition for compensation under the National Vaccine Injury Compensation Program. The Chief Special Master Denise Kathryn Vowell issued a decision dismissing the petition on July 9, 2013.

Following this dismissal, the petitioners were granted an extension and subsequently filed a motion for attorney fees and costs on March 7, 2014. On March 25, 2014, the parties filed a stipulation regarding attorney fees and costs.

The stipulation indicated that after informal discussions, the petitioners had amended their fees request to an amount to which the respondent did not object. The petitioners also stated that they incurred no personal litigation costs, pursuant to General Order #9.

Chief Special Master Vowell found that the petition was brought in good faith and had 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 proposed amount was deemed reasonable and appropriate.

Accordingly, a total award of $27,000.00 was made for attorney fees and costs, payable by check jointly to the petitioners and their counsel of record, Brian R. Arnold of Brian Arnold & Associates.

The respondent was represented by Justine Daigneault of the U.S. Department of Justice.

This award was intended to cover all legal expenses incurred in the matter, including advanced costs and fees for legal services, and attorneys are prohibited from charging or collecting additional fees or costs.