VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00062
Package ID: USCOURTS-cofc-1_13-vv-00062
Petitioner: Rosemary Becerra
Filed: 2014-03-05
Decided: 2014-03-26
Vaccine: 
Vaccination date: 
Condition: 
Outcome: compensated
Award amount USD: 17899

AI-assisted case summary:
Rosemary Becerra filed a petition for compensation under the National Vaccine Injury Compensation Program on March 5, 2014. The case proceeded based on a joint stipulation. On February 5, 2014, a decision was issued awarding compensation pursuant to this stipulation. Subsequently, on March 4, 2014, the parties filed a stipulation for attorney fees and costs. Petitioner's counsel was Danielle Anne Strait, Esq., of Maglio, Christopher & Toale, PA. Respondent's counsel was Alexis Babcock, Esq., of the U.S. Department of Justice. The stipulation indicated that petitioner incurred no personal litigation costs and that the parties had reached an agreement on the fees and costs amount after informal discussions. Chief Special Master Denise Kathryn Vowell found that the petition was brought in good faith with a reasonable basis, making an award for fees and costs appropriate under 42 U.S.C. §§ 300aa-15(b) and (e)(1). The total award for attorney fees and costs was $17,899.69, payable jointly to the petitioner and her counsel. The decision was issued on March 26, 2014. The public decision does not describe the specific vaccine(s) administered, the date(s) of vaccination, the alleged condition, or the specific details of the injury or compensation awarded.

Theory of causation field:
The public decision does not describe the theory of causation. The case proceeded based on a joint stipulation, and the decision addresses attorney fees and costs. Petitioner Rosemary Becerra filed on March 5, 2014. A prior decision on February 5, 2014, awarded compensation based on a stipulation. On March 4, 2014, the parties stipulated to attorney fees and costs. Chief Special Master Denise Kathryn Vowell awarded $17,899.69 for attorney fees and costs, finding the petition was brought in good faith with a reasonable basis. Petitioner's counsel was Danielle Anne Strait, Esq. (Maglio, Christopher & Toale, PA), and respondent's counsel was Alexis Babcock, Esq. (U.S. Department of Justice). The decision date was March 26, 2014.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00062-1
Date issued/filed: 2014-03-26
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/05/2014) regarding 33 DECISION Fees Stipulation/Proffer Signed by Chief Special Master Denise Kathryn Vowell. (tpj) Copy to parties.
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Case 1:13-vv-00062-UNJ Document 36 Filed 03/26/14 Page 1 of 2
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 13-62V
Filed: March 5, 2014
(Not for Publication)
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ROSEMARY BECERRA, *
*
Petitioner, *
v. * Stipulation; Attorney Fees and Costs.
*
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Danielle Anne Strait, Esq., Maglio, Christopher & Toale, PA (D.C.) for petitioner.
Alexis Babcock, Esq., U.S. Department of Justice, Washington, D.C. 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 on February 5, 2014, that awarded compensation pursuant to the parties’
joint stipulation. On March 4, 2014, the parties filed a stipulation for attorney fees and
costs and a statement pursuant to General Order #9 conveying that petitioner incurred
no personal litigation costs. The stipulation indicates that after informal discussions,
petitioner amended her fees and costs request to an amount that respondent does not
object.
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,
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), petitioner has 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).

Case 1:13-vv-00062-UNJ Document 36 Filed 03/26/14 Page 2 of 2
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 $17,899.693 in
the form of a check payable jointly to petitioner and petitioner’s counsel of record
for petitioner’s 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