VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01056
Package ID: USCOURTS-cofc-1_17-vv-01056
Petitioner: James T. Lawrence
Filed: 2017-08-04
Decided: 2020-09-23
Vaccine: influenza
Vaccination date: 2015-12-16
Condition: Guillain-Barré syndrome (“GBS”)
Outcome: compensated
Award amount USD: 316838

AI-assisted case summary:
On August 4, 2017, James T. Lawrence filed a petition for vaccine compensation, alleging that an influenza vaccine he received on December 16, 2015, caused him to develop Guillain-Barré syndrome (GBS) and suffer its residual effects for more than six months. Mr. Lawrence also alleged that his death on September 25, 2019, was a result of this vaccination. Teresa K. Fields, as executrix for Mr. Lawrence's estate, was substituted as the petitioner and filed an amended petition adding the claim that his death was vaccine-related. The respondent denied that the influenza vaccine caused Mr. Lawrence's GBS or his death. Despite the respondent's denial, the parties reached a joint stipulation. Special Master Christian J. Moran adopted the stipulation as the decision of the Court. The stipulation awarded compensation in the form of a lump sum of $255,000.00 for pain and suffering, payable to Teresa K. Fields as Executrix for the Estate of Mr. Lawrence. Additionally, a lump sum of $61,838.11 was awarded to reimburse the Commonwealth of Kentucky Medicaid lien, payable jointly to petitioner and the Kentucky Medicaid Recovery Unit. The total award was $316,838.11. The decision adopting the stipulation was issued on September 23, 2020. Subsequently, the petitioner sought review of the Special Master's award of attorneys' fees and costs. Judge Matthew H. Solomson reviewed the matter, noting that the Special Master had initially reduced the claimed attorneys' fees by thirty percent due to vague billing entries. After a remand for further reasoning, the Special Master awarded $88,861.75 in attorneys' fees and costs. The petitioner filed a second motion for review, challenging this reduction. Judge Solomson denied the petitioner's motion for review, sustaining the Special Master's decision and finding that the Special Master had provided a detailed explanation for the fee calculation. The court also denied the petitioner's request for attorneys' fees incurred in preparing the second motion for review.

Theory of causation field:
Petitioner alleged that the influenza vaccine administered on December 16, 2015, caused Guillain-Barré syndrome (GBS) and subsequent death. The vaccine is listed on the Vaccine Injury Table. Respondent denied causation. The parties reached a stipulation, and the Special Master adopted it, awarding $255,000.00 for pain and suffering and $61,838.11 for Medicaid reimbursement, totaling $316,838.11. The decision adopting the stipulation was issued on September 23, 2020, by Special Master Christian J. Moran. Petitioner's counsel was Carol L. Gallagher. Respondent's counsel was Colleen C. Hartley. Subsequent proceedings involved review of attorneys' fees, with Judge Matthew H. Solomson denying a motion for review of the Special Master's fee award on September 7, 2022.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01056-0
Date issued/filed: 2020-09-23
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 8/19/2020) regarding 86 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (abs) Service on parties made.
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Case 1:17-vv-01056-MHS Document 92 Filed 09/23/20 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
TERESA K. FIELDS, Executrix for *
the estate of JAMES T. LAWRENCE, * No. 17-1056V
* Special Master Christian J. Moran
Petitioner, *
*
v. * Filed: August 19, 2020
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine;
AND HUMAN SERVICES, * Guillain-Barré syndrome (“GBS”).
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Carol L. Gallagher, Carol L. Gallagher, Esquire LLC, Somers Point, NJ, for
Petitioner;
Colleen C. Hartley, United States Dep’t of Justice, Washington, DC, for
Respondent.
UNPUBLISHED DECISION1
On August 19, 2020, the parties filed a joint stipulation concerning the
petition for compensation filed by James Lawrence on August 4, 2017. Mr.
Lawrence alleged that the influenza vaccine he received on December 16, 2015,
which is contained in the Vaccine Injury Table, 42 C.F.R. §100.3(a), caused him to
suffer from Guillain-Barré syndrome (“GBS”).2 Mr. Lawrence further alleged that
he suffered the residual effects of this injury for more than six months.
1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services), requires that the Court post this decision on its
website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing
redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4).
Any redactions ordered by the special master will appear in the document posted on the website.
2 Mr. Lawrence also received a pneumococcal conjugate vaccine on December 16, 2015,
but did not claim any injuries from this vaccine.

Case 1:17-vv-01056-MHS Document 92 Filed 09/23/20 Page 2 of 9
Mr. Lawrence passed away on September 25, 2019. Exhibit 16. Teresa
Fields was appointed as the executrix of Mr. Lawrence’s estate and then became
the petitioner of this case. Order, issued Nov. 20, 2019 (citing exhibit 15). Ms.
Fields filed an amended petition adding a claim that Mr. Lawrence’s death was
caused by the vaccination at issue. Am. Pet., filed Apr. 28, 2020. Ms. Fields
represented that there has been no prior award or settlement of a civil action for
damages on Mr. Lawrence’s behalf as a result Mr. Lawrence condition and/or
death.
Respondent denies that the influenza vaccine caused Mr. Lawrence to suffer
from GBS or any other injury or resulted in his death.
Nevertheless, the parties agree to the joint stipulation, attached hereto. The
undersigned finds said stipulation reasonable and adopts it as the decision of the
Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
a. A lump sum of $255,000.00, which amount represents compensation
for pain and suffering, in the form of a check payable to petitioner,
as the Executrix for the Estate of Mr. Lawrence. This amount
represents compensation for all damages that would be available to
petitioner under 42 U.S.C. § 300aa-15(a); and
b. A lump sum of $61,838.11 representing reimbursement of the
Commonwealth of Kentucky Medicaid lien, in the form of a check
payable jointly to petitioner and
Kentucky Medicaid Recovery Unit
Member: James T. Lawrence
Medicaid No.: 1004023556
c/o DXC Technology
P.O. Box 2107
Louisville, Kentucky 40602
2

Case 1:17-vv-01056-MHS Document 92 Filed 09/23/20 Page 3 of 9
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 17-1056V according to this decision
and the attached stipulation.3
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
3

Case 1:17-vv-01056-MHS Document 92 Filed 09/23/20 Page 4 of 9
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
TERESA K. FIELDS, Executrix for the )
Estate of JAMES T. LAWRENCE, )
)
Petitioner, )
) No. l 7-1056V
V. ) Special Master Moran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
______Re_sp_ond_en_t. ______)
)
STIPULATION
The parties hereby stipulate to the following matters:
1. James T. Lawrence ("Mr. Lawrence"), now deceased, filed a petition for vaccine
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10
to -34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related
to Mr. Lawrence's receipt of an influenza ("flu") vaccine, which vaccine is contained in the
Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a). On September 25, 2019, Mr.
Lawrence passed away. On November 19, 2019, Teresa K. Fields, Executrix for the Estate of
Mr. Lawrence was substituted as "petitioner" for Mr. Lawrence. 1
2. Mr. Lawrence received the flu vaccine on December 16, 2015.2
3. The vaccine was administered within the United States.
4. Petitioner alleges that Mr. Lawrence suffered from Guillian-Barre Syndrome ("GBS")
1 On April 28, 2020, petitioner filed an amended petition for vaccine compensation to include Mr. Lawrence's death
as allegedly related to his receipt of the flu vaccine.
2 Mr. Lawrence also received a pneumococcal conjugate vaccine on December 16, 2015.
-1-

Case 1:17-vv-01056-MHS Document 92 Filed 09/23/20 Page 5 of 9
from the vaccine, and that his death on September 25, 2019 was a result of his alleged injury.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on behalf of Mr. Lawrence as a result of his alleged condition or his death.
6. Respondent denies that the flu vaccine caused Mr. Lawrence's alleged GBS, any other
injury, or his death.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payments:
a. A lump sum of $255,000.00, which amount represents compensation for pain
and suffering, in the form of a check payable to petitioner, as the Executrix for the
Estate of Mr. Lawrence. This amount represents compensation for all damages
that would be available to petitioner under 42 U.S.C. § 300aa-15(a); and
b. A lump sum of $61,838.11 representing reimbursement of the Commonwealth
of Kentucky Medicaid lien, in the form of a check payable jointly to petitioner
and
Kentucky Medicaid Recovery Unit
Member: James T. Lawrence
Medicaid No.: 1004023556
c/o DXC Technology
P.O. Box 2107
Louisville, Kentucky 40602
This lump sum represents full satisfaction of any right of subrogation, assignment, claim, lien, or
cause of action the Commonwealth of Kentucky may have against any individual as a result of
any Medicaid payments the Commonwealth of Kentucky has made to or on behalf of Mr.
-2-

Case 1:17-vv-01056-MHS Document 92 Filed 09/23/20 Page 6 of 9
Lawrence from the date of his eligibility for benefits through the date of judgment in this case as
a result of his alleged vaccine-related injury suffered on or about December 16, 2015, under Title
XIX of the Social Security Act. Petitioner agrees to endorse this check to the Commonwealth of
Kentucky.
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-21(a)(l), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys' fees and costs incurred in proceeding
upon this petition.
10. Petitioner and her attorney represent that they have identified to respondent all
known sources of payment for items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), including State compensation programs, insurance policies,
Federal or State health benefits programs (other than Title XIX of the Social Security Act
(42 U.S.C. § 1396 et seq.)), or entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject
to the availability of sufficient statutory funds.
12. Petitioner represents that she presently is, or within 90 days of the date of judgment
will become, duly authorized to serve as legal representative of the Estate of James T. Lawrence
under the laws of the Commonwealth of Kentucky. No payments pursuant to this Stipulation
shall be made until petitioner provides the Secretary with documentation establishing her
appointment as legal representative of the Estate of James T. Lawrence. If petitioner is not
authorized by a court of competent jurisdiction to serve as legal representative of the Estate of
-3-

Case 1:17-vv-01056-MHS Document 92 Filed 09/23/20 Page 7 of 9
James T. Lawrence at the time a payment pu uant to this Stipulation is to be made, any such
(
payment shall be paid to the party or parties · ,Jpointed by a court of competent jurisdiction to
serve as legal representative of the Estate of, ames T. Lawrence upon submission of written
documentation of such appointment to the Secr~tary.
13. In return for the payments described in paragraph 8, and any amount awarded
pursuant to paragraph 9, petitioner, in her individual capacity and as personal representative, on
behalf of Mr. Lawrence's estate and his heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to or death of Mr. Lawrence
resulting from, or alleged to have resulted from, the flu vaccination administered on December
16, 2015, as alleged in a petition and amended petition for vaccine compensation filed on or
about August 4, 2017 and April 28, 2020, respectively, in the United States Court of Federal
Claims as petition No. l 7-1056V, or the pneumococcal conjugate vaccine administered on or
around December 16, 2015.
14. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
-4-

Case 1:17-vv-01056-MHS Document 92 Filed 09/23/20 Page 8 of 9
15. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otheiwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the items of compensation sought is not
grounds to modify or revise this agreement.
16. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu or pneumococcal vaccine caused Mr.
Lawrence's alleged GBS, any other injury, or his death.
17. All rights and obligations of petitioner in her capacity as Executrix for the Estate of
James T. Lawrence shall apply equally to petitioner's heirs, executors, administrators,
successors, and/or assigns.
END OF STIPULATION
-5-

Case 1:17-vv-01056-MHS Document 92 Filed 09/23/20 Page 9 of 9
PETITIONER:
TERESA K. FIELDS,
Executrix for the Estate of
JAMES T. LA WREN CE
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
~ E; : - -
.,
I
CAROL L. GALLAGHE~, E
Carol L. Gallagher, Esquire-- Deputy Director
822 Shore Road Torts Branch
Somers Point, NJ 08244 Civil Division
Tel: 609-927-2726 U.S. Department of Justice
Fax: 609-904-5023 P. 0. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
AUTHORIZED REPRESENTATIVE OF ATTORNEY OF RECORD FOR
THE SECRETARY OF HEALTH AND RESPONDENT:
{ ~ ( _ ~
HUMAN SERVICES:
CA/JTDa&~ltt~
TAMARA OVERBY ~ L~ EY~
Acting Director, Division of Trial Attorney
Injury Compensation Programs (DICP) Torts Branch, Civil Division
Healthcare Systems Bureau U.S. Department of Justice
U.S. Department of Health P.O. Box 146
and Human Services Benjamin Franklin Station
5600 Fishers Lane Washington, D.C. 20044-0146
Parklawn Building, Stop-08N 146B Tel: (202) 616-3644
Rockville, MD 20857
/w
Dated: "61 l '1
-6-

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-01056-3
Date issued/filed: 2022-09-07
Pages: 4
Docket text: JUDGE VACCINE UNREPORTED OPINION AND ORDER denying 110 Motion for Review. Signed by Judge Matthew H. Solomson. (ahn) Service on parties made.
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Case 1:17-vv-01056-MHS Document 114 Filed 09/07/22 Page 1 of 4
In the United States Court of Federal Claims
No. 17-1056V
(Filed Under Seal: August 23, 2022)
(Reissued: September 7, 2022)
NOT FOR PUBLICATION
)
TERESA K. FIELDS, Executrix for )
the Estate of James T. Lawrence, )
)
Petitioner, )
)
v. )
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
Carol L. Gallagher, Carol L. Gallagher, Esquire LLC, Somers Point, NJ, for Petitioner.
Colleen C. Hartley, Torts Branch, Civil Division, United States Department of Justice,
Washington, D.C., for Respondent.
OPINION AND ORDER*
SOLOMSON, Judge.
Petitioner, Teresa K. Fields, acting in her position as the executrix for the estate of
James T. Lawrence, once again seeks review of Special Master Christian J. Moran’s award
of attorneys’ fees and costs. ECF Nos. 110, 111.
To recap, on November 2, 2021, Special Master Moran granted Petitioner’s motion
for attorneys’ fees and costs but reduced the claimed attorneys’ fees by thirty percent due
to the vagueness of the billing entries submitted by Petitioner’s counsel. ECF No. 93 at
* The Court initially issued this opinion under seal on August 23, 2022, in accordance with Rule
18(b) of the Vaccine Rules of the United States Court of Federal Claims, and directed the parties
to propose redactions of confidential information by September 6, 2022. ECF No. 112. The parties
did not propose any redactions. Accordingly, the Court reissues this opinion in its original form.

Case 1:17-vv-01056-MHS Document 114 Filed 09/07/22 Page 2 of 4
3–4.1 On November 30, 2021, Petitioner filed a motion seeking this Court’s review of the
Special Master’s fee decision, pursuant to 42 U.S.C. § 300aa-12. ECF Nos. 95, 96. On
May 10, 2022, this Court granted in part and denied in part Petitioner’s motion for review,
finding that the Special Master “failed to provide sufficient reasoning for his thirty
percent reduction to the fee award.” Fields ex rel. Lawrence v. Sec’y of Health & Hum. Servs.,
2022 WL 1573538, at *6 (Fed. Cl. May 10, 2022).2 Accordingly, this Court remanded the
fee matter to the Special Master “for consideration of the appropriate attorneys’ fees
award consistent with th[e] opinion.” Id. at *9.
On July 27, 2022, the Special Master, on remand, issued a second fees decision.
ECF No. 108; Fields ex rel. Lawrence v. Sec’y of Health & Hum. Servs., 2022 WL 3569300 (Fed.
Cl. Spec. Mstr. July 27, 2022). This time around, the Special Master awarded Petitioner
$88,861.75 in attorneys’ fees and costs — $5,519.86 more than the initial fees decision
awarded, but nearly $26,000 less than Petitioner had requested.3 ECF No. 108 at 2, 11.
On August 18, 2022, Petitioner filed her second motion for review, again challenging the
Special Master’s decision to reduce the number of hours billed as arbitrary, capricious
and an abuse of discretion. ECF No. 111 at 1. Petitioner also seeks attorneys’ fees for this
second motion for review. Id. at 18.
For the reasons explained below, the Court denies Petitioner’s motion for review.
As explained in this Court’s prior opinion, a special master’s judgment is afforded
considerable deference, which this Court will not disturb absent a finding that such
judgment was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance
with law. See Fields, 2022 WL 1573538, at *3; Munn v. Sec’y of Dep’t of Health & Hum. Servs.,
970 F.2d 863, 870 (Fed. Cir. 1992) (“[T]he key decision maker in the first instance is the
special master. The [Court of Federal Claims] owes these findings and conclusions by
the special master great deference—no change may be made absent first a determination
that the special master was ‘arbitrary and capricious.’ This is a standard well understood
to be the most deferential possible.” (emphasis added)). This go-around, it is abundantly
clear that Special Master Moran invested a great deal of time and effort in carefully
reviewing Petitioner’s motion for attorneys’ fees and costs, applied the correct legal
standards in evaluating Ms. Gallagher’s billing records, and reached a reasonable
conclusion. Indeed, Special Master Moran provided a robust, finely-detailed explanation
1 Special Master Moran also reduced Petitioner’s requested attorneys’ costs. ECF No. 93 at 4–5.
2 The Court denied Petitioner’s motion for review with respect to the award of attorneys’ costs,
finding that the Special Master acted within his discretion in reducing Petitioner’s attorneys’
costs. Fields, 2022 WL 1573538, at *8.
3 The Special Master also awarded Petitioner $9,094.80 for work performed on the first motion for
review. ECF No. 108 at 2, 11.
2

Case 1:17-vv-01056-MHS Document 114 Filed 09/07/22 Page 3 of 4
for his calculated fee reduction — one that is entirely consistent with this Court’s prior
opinion. This Court will not disturb that calculation by even a penny.
In contrast, this Court finds that Petitioner’s second motion for review contains
what could be fairly characterized as ad hominem attacks on the Special Master —
something that is inconsistent with the standards of professionalism this Court expects
from counsel appearing before it. If counsel for Petitioner has a problem with a particular
decision, the remedy is an appeal focused on legal and factual issues, not a laundry list
of general complaints about a special master. In the future, filings that contain such
invective risk being stricken.
In any event, contrary to Petitioner’s assertions, Special Master Moran neither
“created his own interpretation of [this Court]’s opinion” nor did he “usurp[] the power”
of this Court. ECF No. 111 at 6, 11. This Court did not “determin[e] that [P]etitioner’s
fees warrant only an approximate 15% reduction” or that there should be “no greater
than a 15% reduction in fees.”4 ECF No. 111 at 17. Rather, this Court held that “absen[t]
. . . a more detailed explanation from the Special Master, . . . the Special Master’s thirty percent
reduction of Petitioner’s attorneys’ fees was grossly excessive and, thus, an abuse of
discretion.” Fields, 2022 WL 1573538, at *8 (emphasis added). On remand, Special Master
Moran provided detailed reasoning to support his second fees determination; thus,
Special Master Moran acted well within his discretion in reducing Petitioner’s attorneys’
fees by 22.5%. See ECF No. 108 at 11.5
* * * *
4 In noting that this Court merely “recommended [a] fifteen (15) % approximate reduction,” ECF
No. 111 at 6 (emphasis added), Petitioner implicitly acknowledges that this Court did not set any
specific limits on any percentage reduction.
5 Petitioner further contends that “Special Master Moran’s decision upon remand is arbitrary,
capricious and an abuse of discretion based on his own reasoning” in another decision. ECF No.
111 at 12–13; see also id. at 17 (“Based on the special master’s own reasoning in Lewis [v. Sec’y of
Health & Hum. Servs., 2020 WL 1283461 (Fed. Cl. Feb. 20, 2020)], should not his own rationale
apply to the Fields’ decision? . . . Petitioner sees no reason why Special Master Moran deviated
from his own rationale in the instant case. This difference in his reasoning in Fields appears
arbitrary, capricious and an abuse of discretion.”). Petitioner’s counsel made this same argument
unsuccessfully in the first motion for review, see Fields, 2022 WL 1573538, at *6 & n.1, and in at
least one other case before the Court, see De Souza v. Sec’y of Health & Hum. Servs., 141 Fed. Cl. 338,
347 (2018). As the Court noted in its prior opinion in this case, special masters are not bound by their
own decisions. See Fields, 2022 WL 1573538, at *6. Petitioner’s counsel’s attempt to relitigate this
issue is rejected.
3

Case 1:17-vv-01056-MHS Document 114 Filed 09/07/22 Page 4 of 4
Accordingly, the Court hereby DENIES Petitioner’s motion for review. The
Special Master’s decision is SUSTAINED. The Court further DENIES Petitioner’s
request for attorneys’ fees incurred in the preparation of the second motion for review.6
IT IS SO ORDERED.
s/Matthew H. Solomson
Matthew H. Solomson
Judge
6 “Rather than waste the court’s time and efforts, an attorney should use reasoned judgment in
determining whether to . . . pursue a claim.” Murphy v. Sec’y of Dep’t of Health & Hum. Servs., 30
Fed. Cl. 60, 62 (1993), aff’d, 48 F.3d 1236 (Fed. Cir. 1995). While Petitioner clearly had a reasonable
basis for filing the first motion for review, the Court concludes that this second motion was
patently meritless, where, as here, Special Master Moran’s second fees decision was meticulously
documented and well-reasoned. The Court exercises its discretion to deny fees for this
unsuccessful motion. See 42 U.S.C. § 300aa-15(e)(1).
4