Rupert ex rel. Rupert v. Secretary of the Department of Health & Human Services

OPINION

MILLER, Judge.

Before the court is respondent’s appeal of Special Master John F. Edwards’s award of attorneys’ fees and costs to petitioner. In determining the lodestar calculation of a reasonable fee, the special master utilized his experience with cases brought under the National Childhood Vaccine Injury Act of 1986. 42 U.S.C. §§ 300aa-l to 300aa-34 (1994 & Supp. V 1999) (the “Vaccine Act”), and his familiarity with the attorneys who prosecute these claims to set the rate at which fees were awarded. At issue is whether the special master properly awarded attorneys’ fees at the…