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MARTIN v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 95-5011.

62 F.3d 1403 (1995)

Ryan MARTIN, by his parents and next friends, Kim and Samuel MARTIN, Petitioners-Appellants, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

August 15, 1995.

Attorney(s) appearing for the Case

Michael R. Hugo, Conway, Crowley & Hugo, P.C., of Boston, MA, argued for petitioners-appellants.

Charles R. Gross, Dept. of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief was Frank W. Hunger, Asst. Atty. Gen.

Before MAYER, RADER, and SCHALL, Circuit Judges.

MAYER, Circuit Judge.

Kim and Samuel Martin appeal the October 18, 1994, judgment of the United States Court of Federal Claims, No. 90-515V, denying their request for attorneys' fees and costs. Because we conclude that the Court of Federal Claims had no jurisdiction to award fees and costs in this case, we affirm.

Background

Ryan Martin received diphtheria-pertussis-tetanus (DPT) and oral polio vaccinations in 1986. He later developed paralysis...

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