Tammy Carrington v. HHS - other (2008)

On July 26, 1999, Tammy Carrington filed a petition on behalf of her minor child, Jonathan, under the National Childhood Vaccine Injury Act. The respondent filed a report recommending against compensation on July 31, 2000.

Special Master Millman issued orders on August 21, 2001, and January 25, 2002, directing the petitioner to clarify physician's opinions and rectify factual discrepancies, and to support the claim with expert evidence, respectively. The proceedings were stayed on February 24, 2003.

Petitioner filed additional medical records but no expert reports. On December 15, 2005, Special Master Millman issued a Show Cause Order due to the petitioner's failure to respond to previous orders.

The petitioner responded on January 26, 2006, requesting a hearing for fact witnesses, and the Show Cause Order was withdrawn. The case was transferred to Special Master Vowell on February 8, 2006.

A hearing was held on May 16, 2006, to resolve factual discrepancies, and the parties were ordered to obtain expert reports. The petitioner was unable to obtain the required expert reports, and the petition was dismissed with prejudice on May 29, 2007, for failure to prosecute.

Petitioner elected to pursue a civil action on July 19, 2007. An untimely application for attorneys' fees and costs was filed on February 4, 2008, which was incomplete and struck from the record.

Leave was granted to file a motion for enlargement of time, which was filed on February 11, 2008, citing the client's failure to provide information regarding personal costs. The motion for enlargement of time was granted, and the application for attorneys' fees and costs was filed on March 17, 2008.

Respondent did not object to the amended amount of attorneys' fees and costs, totaling $70,358.67 ($1,859.30 in Petitioner's costs, $56,392.50 in attorneys' fees, and $12,106.87 in attorneys' costs). On June 18, 2008, Special Master Vowell issued a decision awarding $1,859.30 in Petitioner's personal costs, $53,229.50 in attorneys' fees, and $8,906.87 in costs, reflecting a reduction of $3,163.00 in attorneys' fees and $3,200.00 in costs due to inadequate documentation and excessive or redundant time entries.

Petitioner filed a motion for review of this award on July 17, 2008. The Court, in an opinion issued December 10, 2008, affirmed Special Master Vowell's decision, finding she did not abuse her discretion in reducing the fees and costs.

The Court directed the Clerk of the Court to enter judgment in the amount of $63,995.67, consisting of $1,859.30 in Petitioner's personal costs, $53,229.50 in attorneys' fees, and $8,906.87 in costs. A supplemental request for attorneys' fees and costs related to the review was filed on November 20, 2008, and was ordered to be forwarded to Special Master Vowell for consideration.

The public decision does not describe the specific vaccine(s) administered, the date(s) of vaccination, the alleged condition, the clinical story, or the specific mechanism of causation. Petitioner's counsel was Tammy Carrington, and Respondent's counsel is not named in the public decision.

Special Master Vowell and Special Master Millman are named.