Jana Heston v. HHS - DPT/DTP, alleged injuries (1998)

Jana Heston, a minor child, was vaccinated with DPT on May 18, 1967. Her mother and guardian, Darcy Heston, filed a petition for compensation under the National Childhood Vaccine Injury Act, represented by attorney William Ronan.

The petition was dismissed for failure to prosecute after Darcy Heston ceased cooperating with her attorney. Following the dismissal, William Ronan sought attorneys' fees and costs totaling $7,206.17.

The Special Master determined that he had the discretion to award these fees directly to Ronan, citing concerns that the petitioner's lack of cooperation would prevent Ronan from receiving payment if the award were made jointly. The respondent sought review of this decision.

The Court of Federal Claims reviewed the Special Master's decision de novo. The court disagreed with the Special Master's interpretation, holding that the Vaccine Act, specifically Section 15(b), mandates that compensation, including attorneys' fees, be awarded to the petitioner.

The court found no conflict between Section 15(b) and Section 15(e) and relied on precedent from the Federal Circuit in FDL Technologies, Inc. v. United States and Phillips v.

GSA, which held that statutory language requiring payment to the prevailing party, rather than counsel, must be followed. The court concluded that the Special Master erred as a matter of law and remanded the case for a decision on attorneys' fees consistent with the opinion, meaning the fees should be awarded to the petitioner.

The public decision does not describe the alleged injuries, specific symptoms, medical tests, treatments, or the mechanism of injury.