Megan M. Mularczyk v. HHS - other (2014)
Case summary [AI summaries can sometimes make mistakes]
On May 21, 2014, Cassandra Burgess, as the parent and legal representative of her minor daughter Megan M. Mularczyk, filed a petition.
The specific vaccine administered and the resulting injury are not detailed in this decision, which addresses attorneys' fees and costs. The parties, petitioner and respondent (Secretary of Health and Human Services), reached a stipulation of fact regarding the appropriate amount for attorneys' fees and costs.
Petitioner initially sought $350.00 in out-of-pocket costs and attorneys' fees and costs. Following informal discussions where respondent raised objections, petitioner amended her request to $23,175.10, comprising $22,825.10 for attorneys' fees and costs and $350.00 for petitioner's own costs.
Respondent did not object to this revised amount. Special Master Laura D.
Millman found the stipulated amount to be reasonable. The Special Master awarded $22,825.10 jointly to the petitioner and her attorneys, Rawls, McNelis and Mitchell, P.C., for attorneys' fees and costs.
Additionally, $350.00 was awarded to petitioner for her out-of-pocket costs. Judgment was to be entered unless a motion for review was filed.
The decision was issued by Special Master Laura D. Millman.
Theory of causation
The public text does not describe the theory of causation. The case involves a petition filed on behalf of Megan M. Mularczyk, a minor, by her parent and legal representative, Cassandra Burgess. The specific vaccine and alleged injury are not detailed. The decision focuses solely on attorneys' fees and costs, based on a stipulation of fact between the petitioner and the respondent (Secretary of Health and Human Services). Petitioner initially sought $350.00 for costs and fees. After respondent raised objections, petitioner amended the request to $23,175.10, consisting of $22,825.10 for attorneys' fees and costs and $350.00 for petitioner's costs. Respondent did not object to the revised amount. Special Master Laura D. Millman found the stipulated amount reasonable and awarded $22,825.10 jointly to the petitioner and Rawls, McNelis and Mitchell, P.C., and $350.00 to the petitioner for her costs. The decision date was May 21, 2014. Petitioner's counsel was Elizabeth M. Muldowney, and respondent's counsel was Julia W. McInerny.
Source PDFs
USCOURTS-cofc-1_12-vv-00851