Legal Opinion
Silva v. Secretary of Health & Human Services
United States Court of Federal Claims
Decided December 11, 2012No. 10-101VPublishedCited by 84 opinions
1Opinion of the Court
Vaccine Act; Attorneys’ Fees; Reasonable Basis for Claim; HPV Vaccine; Transverse Myelitis v. Conversion Disorder
OPINION AND ORDER
HODGES, Judge.
Ms. Silva seeks attorneys’ fees for work on a petition for which compensation was not awarded. The special master denied compensation for failure of proof, and then denied attorneys’ fees because he found that the petition did not have a reasonable basis. The special master noted that no binding precedent guided his analysis of “reasonable basis,” but denied attorneys’ fees based on lack of support for the petition in the medical records. In his…
2Cases cited5 opinions
- 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
- Rose Capizzano v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2006
- Carl J. Perreira and Christina J. Perreira, Parents and Next Friend of Carly C. Perreira v. Secretary of the Department of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1994
- Melissa Hines, on Behalf of Her Minor Daughter, Amber Sevier v. Secretary of the Department of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1991
- Wasson v. Secretary of the Department of Health & Human ServicesUnited States Court of Claims · 1991
3Cited by84 opinions
- Chuisano v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2014
- Simmons v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2016
- Cottingham v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2017
- Curran v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2017
- Graham Ex Rel. G.G.G. v. Secretary of Health & Human ServicesUnited States Court of Federal Claims · 2015
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