Legal Opinion
Rodriguez Ex Rel. Estate of Rodriguez v. Secretary of Health & Human Services
Court of Appeals for the Federal Circuit
Decided February 9, 2011No. 2010-5093PublishedCited by 281 opinions
1Opinion of the Court
WHYTE, District Judge.
This case involves a dispute over the reasonable hourly rate used to calculate attorneys’ fees awarded under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-l to -43 (“Vaccine Act”), as amended. Petitioner Gabriel Rodriguez appeals from a decision of the United States Court of Federal Claims, which affirmed the decision by a special master awarding fees based on evidence of the reasonable hourly rates of Vaccine Act practitioners in the forum, rather than accepting the Laffey Matrix as prima facie evidence of the forum rate. This appeal followed. We…
2Cases cited11 opinions
- Blum v. StensonSupreme Court of the United States · 1984
- Pennsylvania v. Delaware Valley Citizens' Council for Clean AirSupreme Court of the United States · 1986
- City of Burlington v. DagueSupreme Court of the United States · 1992
- Avera v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2008
- Laffey v. Northwest Airlines, Inc.Court of Appeals for the D.C. Circuit · 1984
6 more not listed; retrieve them via the Exa API.
3Cited by281 opinions
- Raymo v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2016
- Simmons v. Secretary of Health & Human ServicesCourt of Appeals for the Federal Circuit · 2017
- Biery v. United StatesCourt of Appeals for the Federal Circuit · 2016
- Masias v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2011
- Garrison v. Secretary of Health & Human ServicesUnited States Court of Federal Claims · 2016
276 more not listed; retrieve them via the Exa API.