Legal Opinion

Doe/11 ex rel. Estate of Doe/11 v. Secretary of the Department of Health & Human Services

United States Court of Federal Claims

Decided November 10, 2009No. 99-212VPublishedCited by 42 opinions

1Opinion of the Court

OPINION AND ORDER GRANTING PETITIONERS’ MOTION FOR REVIEW OF SPECIAL MASTER’S DECISION ON INTERIM FEES AND AWARDING PARTIAL INTERIM FEES

WILLIAMS, Judge.

This matter comes before this Court on Petitioners’ Motion for Review of the Special Master’s Decision of June 9, 2009, partially granting and deferring interim attorneys’ fees and costs.1 The Court concludes that the Special Master’s decision to award Petitioners’ counsel, Richard Gage, P.C., no interim fees after years of litigation was an abuse of discretion. Because this Court is familiar with the circumstances of this litigation, having…

2Cases cited5 opinions

  1. Nathaniel Saxton, by and Through His Legal Representatives, Steven and Candace Saxton v. Secretary of the Department of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1993
  2. Avera v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2008
  3. Althen v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2005
  4. Doe/11 ex rel. Estate of Child/Doe/11 v. Secretary of the Dept. of Health & Human ServicesUnited States Court of Federal Claims · 2009
  5. Shaw v. Secretary of the Department of Health & Human ServicesUnited States Court of Federal Claims · 2009

3Cited by42 opinions

  1. Broekelschen v. Secretary of Health & Human ServicesUnited States Court of Federal Claims · 2011
  2. Shaw v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2010
  3. Guerrero v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2015
  4. Avila v. Secretary of Health & Human ServicesUnited States Court of Federal Claims · 2009
  5. Morse v. Secretary of Health & Human ServicesUnited States Court of Federal Claims · 2010

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