Margaret Gustafson v. HHS - other (2014)
Case summary [AI summaries can sometimes make mistakes]
Margaret Gustafson filed a petition for compensation under the National Vaccine Injury Compensation Program. This decision addresses only the attorneys' fees and costs associated with her case.
The parties, Margaret Gustafson and the Secretary of Health and Human Services, reached a stipulation of fact regarding the appropriate amount for these fees and costs. Petitioner asserted no out-of-pocket expenses.
During informal discussions, respondent raised objections to certain items in petitioner's application. Based on these objections, petitioner amended her request for reimbursement for attorneys' fees and costs to $20,000.00.
Respondent did not object to this revised amount. Special Master Laura D.
Millman found the amount to be reasonable. Accordingly, the court awarded $20,000.00 for attorneys' fees and costs, to be paid jointly to Margaret Gustafson and her legal counsel, McCarthy Law Group.
The decision directs the clerk of the court to enter judgment. Timothy H.
McCarthy, Jr. represented the petitioner, and Debra A. Filteau Begley represented the respondent.
The decision was filed on May 21, 2014.
Theory of causation
The public text does not describe the specific vaccine(s) or vaccination date(s) for Margaret Gustafson's case, nor does it detail the alleged injury or condition. The decision focuses solely on attorneys' fees and costs, stemming from a stipulation of fact between the petitioner and the Secretary of Health and Human Services. Petitioner initially submitted a request for fees and costs, which the respondent objected to during informal discussions. The petitioner then amended her request to $20,000.00, which the respondent did not oppose. Special Master Laura D. Millman deemed this amount reasonable and awarded $20,000.00 jointly to the petitioner and her counsel, McCarthy Law Group. The theory of causation is not addressed in the provided text.
Source PDFs
USCOURTS-cofc-1_12-vv-00594