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BRICE v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 03-5079.

358 F.3d 865 (2004)

Joseph Tilghman BRICE, Laurajean Councill Brice and Joseph Osler Brice, Petitioners-Appellants, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED: February 11, 2004.

Attorney(s) appearing for the Case

Peter H. Meyers, The Jacob Burns Community Legal Clinics, of Washington, DC, argued for petitioners-appellants.

Mark W. Rogers, Acting Deputy Director, Torts Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General, and John Lodge Euler, Deputy Director.

Before CLEVENGER, RADER and DYK, Circuit Judges.

CLEVENGER, Circuit Judge.

Joseph Tilghman Brice, Laurajean Councill Brice, and Joseph Osler Brice (collectively "the Brices") appeal the decision of the Court of Federal Claims denying their motion for attorneys' fees and costs made during proceedings under the National Childhood Vaccine Injury Act of 1986 (the "Vaccine Act"), Pub. L. No. 99-660, tit. III, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa...

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