Haylee Marie Mallonee v. HHS - Hepatitis B, anaphylactic reaction (2016)

On February 26, 2013, Kallie Ann Schmidt, as the mother of Haylee Marie Mallonee, deceased, filed a petition seeking compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that her daughter's death resulted from an anaphylactic reaction to the Hepatitis B Vaccine.

The respondent denied that the vaccine caused the anaphylaxis or any other injury, and denied that the death was a sequela of a vaccine-related injury. Despite these positions, both parties agreed to settle the case through a stipulation filed on July 6, 2015.

Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision in awarding damages.

The stipulation awarded a lump sum of $30,000.00, payable to Petitioner as the Legal Representative of the Estate of Haylee Marie Mallonee, as compensation for all damages available under 42 U.S.C. § 300aa-15(a). Subsequently, on August 24, 2015, the parties filed another joint stipulation regarding attorney's fees and costs.

Special Master Corcoran approved this stipulation in a decision dated August 26, 2015, awarding Petitioner's counsel $33,500.00, payable jointly to Petitioner and her counsel, Douglas Lee Burdette. Later, on June 7, 2016, Petitioner sought relief from the attorney's fees judgment.

Petitioner requested supplemental fees and costs totaling $1,952.95, representing additional attorney's fees and costs incurred after October 2015. These additional expenses were related to obtaining proof of Petitioner's representative capacity, as required by the respondent, and resolving confusion regarding the finality of the underlying damages judgment.

Respondent indicated no objection to the requested supplemental fees and costs. Special Master Corcoran granted the motion for relief from judgment, finding that the circumstances justified revision under RCFC 60(b)(1) for mistake or inadvertence regarding the representative capacity fees, and under RCFC 60(b)(6) for extraordinary circumstances related to the confusion over the damages judgment finality.

The Special Master awarded the additional $1,952.95 in attorney's fees and costs, payable jointly to Petitioner and her counsel. The total compensation awarded in this case was $30,000.00 for damages plus $33,500.00 and $1,952.95 for attorney's fees and costs, totaling $35,452.95.