{"package_id":"USCOURTS-cofc-1_14-vv-00907","decision_granule_id":"USCOURTS-cofc-1_14-vv-00907-3","petitioner_identifier":"R.A.","is_minor":null,"age_at_vaccination":null,"age_unit_raw":null,"vaccine_type":"MMR","vaccination_date":null,"condition_raw":"serious injuries","condition_category":"other","autism_spectrum_adjacent":0,"outcome":"unclear","award_amount_usd":null,"decision_date":"2020-10-08","extraction_version":"gemini-v2","extracted_at":"2026-04-30T04:44:13.705175+00:00","number_of_concurrent_vaccines":null,"dose_number":null,"time_to_onset_days":null,"theory_of_causation":"Petitioner Anne Abbott filed a petition on behalf of her minor child R.A. alleging serious injuries after an MMR vaccination. The specific injuries and theory of causation are not detailed in this decision, which focuses on an interim award of costs for expert witness Dr. David Siegler. The Special Master determined a reasonable hourly rate for Dr. Siegler was $400, and reduced compensable hours by ten percent due to vague billing and charges for delegable tasks. Petitioner sought review of the hourly rate and compensable time. The court sustained the ten percent reduction in compensable hours but remanded the hourly rate determination to the Special Master for further explanation, as the prior decision lacked sufficient detail regarding the basis for the rate. The entitlement claim remains pending. Petitioner's counsel was Andrew D. Downing; respondent's counsel included Ida Nassar, Joseph H. Hunt, C. Salvatore D’Alessio, Catharine E. Reeves, and Gabrielle M. Fielding. Judge Patricia E. Campbell-Smith issued the opinion on October 8, 2020.","is_death":0,"date_of_death":null,"petition_filed_date":"2014-09-26","case_summary":"On September 26, 2014, Anne Abbott, on behalf of her minor child R.A., filed a petition alleging that R.A. suffered serious injuries after receiving a measles-mumps-rubella (MMR) vaccination. The specific nature of R.A.'s injuries and the theory of causation remain pending as the parties explore settlement. This decision addresses an interim award of attorneys' fees and costs related to the expert witness services of Dr. David Siegler, a pediatric neurologist. Petitioner sought compensation for Dr. Siegler's services, totaling $37,900, which included an initial $12,150 and an additional $25,750 for a supplemental report. The Special Master initially deferred ruling on these costs, suggesting they be determined after an entitlement hearing. However, due to ongoing settlement efforts and the potential for a hearing to be cancelled, the Special Master later allowed an interim award. The Special Master determined a reasonable hourly rate for Dr. Siegler was $400, reducing his requested rates of $450 and $500. Additionally, the Special Master reduced the compensable hours by ten percent due to vague billing entries, such as unspecified literature review, and charges for tasks like collecting references that could be delegated to lower-paid staff. Petitioner sought review of the Special Master's decision regarding both the hourly rate and the reduction in compensable hours. The Court of Federal Claims sustained the ten percent reduction in compensable hours, finding the Special Master's reasoning regarding vague billing and delegable tasks to be a permissible exercise of discretion. However, the court remanded the issue of the hourly rate back to the Special Master for further explanation, finding that the Special Master's reliance on a prior case (Zumwalt) was not sufficiently detailed, particularly concerning Dr. Siegler's role as a treating physician in that case versus an expert witness in the current case. The court noted that the Special Master did not adequately explain why he considered the rate set in Zumwalt applicable here, especially given the distinction in Dr. Siegler's role. The overall outcome of the entitlement claim remains pending. Petitioner was represented by Andrew D. Downing, and respondent was represented by Ida Nassar, Joseph H. Hunt, C. Salvatore D’Alessio, Catharine E. Reeves, and Gabrielle M. Fielding. The opinion was issued by Judge Patricia E. Campbell-Smith.","is_minor_inferred":1,"is_pediatric_broad":1,"special_master":"Christian J. Moran","petitioner_identifier_original":null,"caption_petitioner_name":null,"petitioner_attorney_name":"Andrew D. Downing","petitioner_attorney_firm":"Van Cott & Talamante, PLLC","petitioner_attorney_location":"Phoenix, AZ","adjudicator_name":null,"caption_people_backfilled_at":null,"attorney_canonical_keys":"|andrew-downing|","firm_canonical_key":"van-cott-and-talamante","package_title":"ABBOTT v. SECRETARY OF HEALTH AND HUMAN SERVICES","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00907","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00907.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00907.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_14-vv-00907-0","title":"ABBOTT v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 7/15/16) regarding 58 DECISION of Special Master - Interim Attorney's Fees. Signed by Special Master Christian J. Moran. (dh) Copy to parties.","date_issued":"2016-08-05","pdf_url":null,"pdf_bytes":null,"triage_decision":"skip","triage_reason":"fees-only decision (attorney compensation)","download_status":"skipped"},{"granule_id":"USCOURTS-cofc-1_14-vv-00907-1","title":"ABBOTT v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 3/19/2019) regarding 100 DECISION of Special Master - Interim Attorney's Fees. Signed by Special Master Christian J. Moran. (abs) Service on parties made.","date_issued":"2019-04-25","pdf_url":null,"pdf_bytes":null,"triage_decision":"skip","triage_reason":"fees-only decision (attorney compensation)","download_status":"skipped"},{"granule_id":"USCOURTS-cofc-1_14-vv-00907-2","title":"ABBOTT v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 5/14/2020) regarding 131 DECISION of Special Master - Interim Attorney's Fees. Signed by Special Master Christian J. Moran. (abs) Service on parties made.","date_issued":"2020-06-10","pdf_url":null,"pdf_bytes":null,"triage_decision":"skip","triage_reason":"fees-only decision (attorney compensation)","download_status":"skipped"},{"granule_id":"USCOURTS-cofc-1_14-vv-00907-3","title":"ABBOTT v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 09/18/2020) regarding 144 OPINION and ORDER denying in part and remanding in part 132 Motion for Review. The special master's decision to reduce Dr. Siegler's compensable hours, is SUSTAINED; the remainder of the motion, relating to the special master's decision to reduce Dr. Siegler's hourly rate is REMANDED to the special mater for further proceedings in accordance with this opinion; and the parties shall separately FILE any proposed redactions to this opinion, with the text to be redacted clearly blacked out, on or before 10/2/2020. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made. Modified on 12/15/2020 by replacing with corrected PDF (ead).","date_issued":"2020-10-08","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_14-vv-00907/granules/USCOURTS-cofc-1_14-vv-00907-3/pdf","pdf_bytes":294400,"triage_decision":"keep","triage_reason":"docketText matches keep keyword 'opinion'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_14-vv-00907/USCOURTS-cofc-1_14-vv-00907-3"},{"granule_id":"USCOURTS-cofc-1_14-vv-00907-4","title":"ABBOTT v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC RULING (Originally filed: 7/9/2018) regarding 85 Order on Motion for Decision. Signed by Special Master Christian J. Moran. (abs) Service on parties made.","date_issued":"2020-11-04","pdf_url":null,"pdf_bytes":null,"triage_decision":"skip","triage_reason":"docketText matches skip keyword 'motion'","download_status":"skipped"},{"granule_id":"USCOURTS-cofc-1_14-vv-00907-5","title":"ABBOTT v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 12/04/2020) regarding 149 DECISION on Remand. Signed by Special Master Christian J. Moran. (jmw) Service on parties made.","date_issued":"2021-03-05","pdf_url":null,"pdf_bytes":null,"triage_decision":"skip","triage_reason":"no decision/ruling/opinion signal in docketText","download_status":"skipped"},{"granule_id":"USCOURTS-cofc-1_14-vv-00907-6","title":"ABBOTT v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 07/15/2022) regarding 170 DECISION of Special Master - Fees Signed by Special Master Christian J. Moran. (kp) Service on parties made.","date_issued":"2022-08-04","pdf_url":null,"pdf_bytes":null,"triage_decision":"skip","triage_reason":"fees-only decision (attorney compensation)","download_status":"skipped"}]}