Francis Rapa v. HHS - other (2014)
Case summary [AI summaries can sometimes make mistakes]
Francis Rapa filed a petition under the National Vaccine Injury Compensation Program. Special Master Lisa Hamilton-Fieldman issued a decision on October 22, 2013, which is not available in the staging record.
On March 20, 2014, the parties filed a stipulation for attorneys' fees and costs. Special Master Hamilton-Fieldman found that the petition was brought in good faith and that there was a reasonable basis for the claim.
Accordingly, the Special Master awarded $30,000.00 in fees and costs, payable jointly to the petitioner and his counsel, Lawrence R. Cohan of Anapol, Schwartz.
This award was made under 42 U.S.C. § 300aa-15(b) and (e)(1), indicating that the underlying decision did not award compensation to the petitioner.
Theory of causation
The public text does not describe the petitioner's alleged condition, vaccination details, or the specific theory of causation. The Special Master's decision on October 22, 2013, which would likely contain these details, is not available in the staging record. The available text pertains solely to a stipulation for attorneys' fees and costs. Special Master Lisa Hamilton-Fieldman awarded $30,000.00 in fees and costs on March 20, 2014, finding the petition was brought in good faith with a reasonable basis, under 42 U.S.C. § 300aa-15(b) and (e)(1), indicating a non-prevailing petitioner status. Petitioner's counsel was Lawrence R. Cohan of Anapol, Schwartz. Respondent's counsel was Glenn MacLeod of the United States Department of Justice.
Source PDFs
USCOURTS-cofc-1_12-vv-00807