Nicole Mol v. HHS - DPT, other (2001)

Petitioners Daniel and Stacey Mol filed a petition on behalf of their minor daughter Nicole Mol for injuries sustained from a DPT vaccination on August 29, 1996. The parties reached a settlement agreement, approved by the special master on April 25, 2000. As part of the settlement, respondent required a portion of the award to be deposited into a court-supervised guardianship account. Petitioners sought attorney's fees totaling $32,024.09, including $2,575.75 for establishing the state court guardianship. Respondent objected to these fees. The special master awarded the full amount. The Court of Federal Claims granted respondent's motion for review, holding that attorney's fees for establishing a guardianship are not compensable under 42 U.S.C. § 300aa-15(e)(l) because such proceedings are not considered part of a petition filed under the Act. The court cited Siegfried v. Sec’y, HHS and Lemon v. Sec’y, HHS, which held that fees incurred in establishing or administering an estate are not compensable. The court concluded that state court guardianship proceedings are not part of the prosecution of a vaccine petition. Judgment was entered for petitioners in the amount of $29,448.54, excluding the disputed guardianship fees. Attorneys for petitioners and respondent were not named in the provided text. The specific DPT vaccine manufacturer and the alleged injury are not described in the provided text.