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

On August 29, 1996, Daniel and Stacey Mol, as legal guardians for their minor daughter Nicole Mol, filed a petition alleging injuries sustained from a diphtheria-tetanus-pertussis (DPT) vaccination. The parties reached a settlement agreement, which was approved by the special master on April 25, 2000, with judgment entered on May 26, 2000.

As part of the settlement, the 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, which included $2,575.75 for establishing the state court guardianship.

The respondent objected to these guardianship fees, arguing they were not compensable under the Vaccine Act. The special master awarded the full amount, including the guardianship fees.

The respondent filed a motion for review. The Court of Federal Claims granted the respondent's motion, holding that attorney's fees for establishing a guardianship are not compensable under the Act, as such proceedings are not considered part of a petition filed under the Act.

The court directed judgment for petitioners in the amount of $29,448.54, excluding the disputed guardianship fees.