Legal Opinion

Carrington v. Secretary of Health & Human Services

United States Court of Federal Claims

Decided December 10, 2008No. 99-495VPublishedCited by 19 opinions

1Opinion of the Court

OPINION & ORDER

FUTEY, Judge.

This matter is before the Court on Petitioner’s Motion For Review of an award of attorneys’ fees and costs by Special Master Denise K. Vowell under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“the Vaccine Act”). According to Petitioner, Special Master Vowell’s adjusted award of $63,995.67 is an abuse of discretion because it usurped the role of opposing counsel, who did not oppose the requested fee amount. Pet’r Mot. for Review at 2. Additionally, Petitioner argued that Special Master Vowell’s downward adjustment of attorneys’…

2Cases cited18 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  3. Pierce v. UnderwoodSupreme Court of the United States · 1988
  4. 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
  5. Avera v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2008

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3Cited by19 opinions

  1. Rodriguez ex rel. Estate of Rodriguez v. Secretary of Health & Human ServicesUnited States Court of Federal Claims · 2010
  2. Gruber ex rel. Gruber v. Secretary of Health & Human ServicesUnited States Court of Federal Claims · 2010
  3. Davis v. Secretary of Health & Human ServicesUnited States Court of Federal Claims · 2012
  4. Auch v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2016
  5. Bennett v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2017

14 more not listed; retrieve them via the Exa API.

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