Lillie Dvorak v. HHS - other (2014)

Filed 2014-07-15Decided 2014-08-05Vaccine vaccine
compensated$37,217

Case summary [AI summaries can sometimes make mistakes]

Lillie Dvorak filed a petition for compensation under the National Vaccine Injury Compensation Program on July 15, 2014. The Special Master, Thomas L.

Gowen, issued a decision on May 29, 2014, awarding compensation based on a stipulation filed by the parties on May 28, 2014. On July 9, 2014, the parties filed a stipulation for attorneys' fees and costs.

The respondent, represented by Lindsay Corliss, Esq., did not object to the amended amount of $37,217.06 requested by the petitioner. The petitioner was represented by Carol Gallagher, Esq., of Carol L.

Gallagher, Esquire, LLC. Special Master Gowen found that the petition was brought in good faith and had a reasonable basis, making an award for fees and costs appropriate under 42 U.S.C. §§ 300aa-15(b) and (e)(1).

The total amount of $37,217.06 was awarded, payable jointly to Lillie Dvorak and her counsel, Carol Gallagher, Esq., for petitioner's attorney fees and costs. This amount was intended to cover all legal expenses, including advanced costs and fees for legal services rendered, and was subject to the limitations set forth in 42 U.S.C. § 300aa-15(e)(3).

The decision was not to be published but was posted on the United States Court of Federal Claims' website in accordance with the E-Government Act of 2002.

Theory of causation

The public decision does not describe the specific vaccine(s) administered, the date(s) of vaccination, the petitioner's age at vaccination, or the condition alleged to be caused by the vaccine. The case resulted in a compensated outcome based on a stipulation. The theory of causation is not detailed in the provided text. The Special Master, Thomas L. Gowen, awarded attorneys' fees and costs totaling $37,217.06 on August 5, 2014, finding the petition was brought in good faith with a reasonable basis. Petitioner's counsel was Carol Gallagher, Esq., and respondent's counsel was Lindsay Corliss, Esq. The award was made jointly to the petitioner and her counsel.

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