Charles W. Brown, in his capacity as Administrator of the Estate of Kathryn C. Brown, deceased v. HHS - Varicella, multi-system failure and death (2015)

Charles W. Brown, in his capacity as Administrator of the Estate of Kathryn C.

Brown, deceased, filed a petition on November 22, 2013, seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that a varicella vaccination administered on January 16, 2012, caused Kathryn C.

Brown to suffer multi-system failure and death due to disseminated varicella zoster virus. The respondent, the Secretary of Health and Human Services, filed a Vaccine Rule 4(c) Report conceding that the vaccination caused Kathryn's disseminated varicella zoster virus and her death.

The parties submitted a proffer on June 17, 2014, agreeing to an award of $400,000.00. This amount represented all elements of compensation available under the Vaccine Act, including $150,000.00 for pain and suffering and a $250,000.00 death benefit.

Special Master Lisa Hamilton-Fieldman adopted the proffer and awarded the compensation. Judgment was entered on July 21, 2014.

Subsequently, on March 6, 2015, Petitioner filed a Rule 13 Request for Attorneys' Fees and Costs, along with a Stipulation of Facts Concerning Final Attorneys' Fees and Costs. The parties stipulated to an award of $7,640.00 in attorneys' fees and costs.

Special Master Hamilton-Fieldman found the petition was brought in good faith with a reasonable basis and awarded the stipulated amount, payable jointly to Petitioner and Petitioner's counsel, Andrew Wallace Hutton of the Hutton & Hutton Law Firm, L.L.C. The clerk of the court was directed to enter judgment in accordance with the terms of the parties' stipulation.