VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00174
Package ID: USCOURTS-cofc-1_12-vv-00174
Petitioner: Richard Mahoney and Laura Mahoney, as next friend of Richard David Mahoney
Filed: 2014-03-26
Decided: 2014-04-16
Vaccine: 
Vaccination date: 
Condition: 
Outcome: dismissed
Award amount USD: 27000

AI-assisted case summary:
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.

Theory of causation field:
The public decision does not describe the theory of causation. The case was dismissed on July 9, 2013. Subsequently, on March 7, 2014, petitioners filed a motion for attorney fees and costs. On March 25, 2014, the parties filed a stipulation for attorney fees and costs, agreeing to an amended request that the respondent did not object to. Petitioners stated they incurred no personal litigation costs. Chief Special Master Denise Kathryn Vowell found the petition was brought in good faith with a reasonable basis and awarded $27,000.00 for attorney fees and costs, payable jointly to petitioners and their counsel, Brian R. Arnold. Respondent counsel was Justine Daigneault. The decision date for the attorney fees and costs award was April 16, 2014.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00174-0
Date issued/filed: 2014-04-16
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/26/2014) regarding 38 DECISION Fees Stipulation/Proffer. Signed by Chief Special Master Denise Kathryn Vowell. (tpj) Copy to parties.
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Case 1:12-vv-00174-UNJ Document 39 Filed 04/16/14 Page 1 of 2
IN IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 12-174V
Filed: March 26, 2014
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
RICHARD MAHONEY and *
LAURA MAHONEY, as next friend of *
Richard David Mahoney, a minor, * Stipulation; Attorney Fees and Costs
Petitioners, *
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Brian R. Arnold, Esq., Brian Arnold & Associates, Dallas, TX for petitioners.
Justine Daigneault, Esq., U.S. Department of Justice, Washington, DC for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Vowell, Chief Special Master:
In this case under the National Vaccine Injury Compensation Program,2 I issued
a decision dismissing the petition on July 9, 2013. After being granted an extension,
petitioners filed a motion for attorney fees and costs on March 7, 2014.
On March 25, 2014, the parties filed a stipulation for attorney fees and costs.
The stipulation indicates that after informal discussions, petitioners have amended their
fees request to an amount that respondent does not object. Additionally, pursuant to
General Order #9, petitioners filed a statement indicating that they incurred no personal
litigation costs.
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), petitioners have 14 days to identify
and move to delete medical or other information, the disclosure of which would constitute an unwarranted
invasion of privacy. If, upon review, I agree that the identified material fits within this definition, 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).
1

Case 1:12-vv-00174-UNJ Document 39 Filed 04/16/14 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 award the total $27,000.003 in
the form of a check payable jointly to petitioners and petitioners’ counsel of
record for petitioners’ attorney fees and 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