Michael G. Corcoran v. HHS - Varicella, ataxia (2015)

On May 10, 2013, Michael G. Corcoran filed a petition on behalf of his minor child, S.R.C., alleging that S.R.C. developed ataxia as a result of the varicella vaccine received on May 18, 2010.

The petition further alleged that S.R.C.'s vaccine-related injuries persisted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the varicella vaccine caused S.R.C.'s condition.

Despite maintaining their respective positions, both parties agreed to settle the issues and have a decision entered awarding compensation. Special Master Brian H.

Corcoran reviewed the file and found the parties' stipulation to be reasonable, adopting its terms as his decision. S.R.C. was awarded a lump sum of $50,000.00, representing compensation for all available damages under the National Vaccine Injury Compensation Program.

Separately, on May 27, 2015, the parties filed a stipulation regarding attorney's fees and costs. Petitioner requested reimbursement of attorney's fees and costs in the amount of $8,923.61, which included costs to establish a guardianship.

The respondent did not object to this amount. Additionally, petitioner's counsel represented that $1,591.85 in reimbursable costs had been advanced by the petitioner, to which the respondent also did not object.

Special Master Brian H. Corcoran approved these amounts as reasonable.

An award of $8,923.61 was made payable jointly to Petitioner and Petitioner's counsel, the law firm of White, Getgey & Meyer. An award of $1,591.85 was made payable to Petitioner.

These amounts represent all attorney's fees and costs available under the Act. The decision was issued by Special Master Brian H.

Corcoran on May 21, 2015, with the attorney's fees and costs decision issued on May 28, 2015. The public decision was filed on July 28, 2015.