Saunders v. Secretary of Department of Health & Human Services

OPINION

WIESE, Judge.

This Vaccine Act case is before the court on respondent’s motion to review the decision of the special master allowing, in part, petitioner’s claim for attorneys’ fees and costs. Respondent argues that petitioner’s statutory election to reject the judgment entered by the court on her vaccine injury compensation claim forecloses the right to any subsequent judgment awarding compensation for the attorneys’ fees and costs incurred in the presentation of that claim.

FACTS

On August 27, 1990, Toni Saunders, as parent and guardian of her son Chad Saunders, filed a petition for…