VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00749
Package ID: USCOURTS-cofc-1_13-vv-00749
Petitioner: Lillie Dvorak
Filed: 2014-07-15
Decided: 2014-08-05
Vaccine: 
Vaccination date: 
Condition: 
Outcome: compensated
Award amount USD: 37217

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 The decision was not to be published but was posted on the United States Court of Federal Claims' website in accordance with the E-Government Act of 2002.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

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00749-0
Date issued/filed: 2014-08-05
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 07/15/2014) regarding 36 DECISION Fees Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:13-vv-00749-UNJ Document 40 Filed 08/05/14 Page 1 of 2
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 13-0749V
Filed: July 15, 2014
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
LILLIE DVORAK, *
*
Petitioner, *
v. * Stipulation; Attorneys’ Fees & Costs
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Carol Gallagher, Esq., Carol L. Gallagher, Esquire, LLC, Linwood, NJ, for petitioner.
Lindsay Corliss, Esq., U.S. Dept. of Justice, Washington, DC for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Gowen, Special Master:
In this case under the National Vaccine Injury Compensation Program,2 I issued
a Decision on May 29, 2014, awarding compensation and adopting the parties’
stipulation filed on May 28, 2014. On July 9, 2014, the parties filed a stipulation for
attorneys’ fees and costs. The stipulation indicates that respondent does not object to
the amended amount of $37,217.06 that petitioner is requesting. Additionally, pursuant
to General Order #9, the stipulation notes that petitioner incurred no personal litigation
costs.
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,
pursuant to 42 U.S.C. §§ 300aa-15(b) and (e)(1). Further, the proposed amount seems
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-00749-UNJ Document 40 Filed 08/05/14 Page 2 of 2
reasonable and appropriate. Accordingly, I hereby award the total $37,217.063 in
the form of a check payable jointly to petitioner and petitioner’s counsel of
record, Carol Gallagher, Esq., for petitioner’s attorney fees and costs.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
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).