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AVERA v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 2007-5098.

515 F.3d 1343 (2008)

Marty AVERA and Kellie Avera, parents and next friends of Connor Avera, a minor, Petitioners-Appellants, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

February 6, 2008.

Attorney(s) appearing for the Case

Robert T. Moxley, Robert T. Moxley, P.C., of Cheyenne, WY, argued for petitioners-appellants.

John T. Battaglia, Deputy Associate Attorney General, Torts Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief were Mark W. Rogers, Deputy Director, Catharine E. Reeves, Assistant Director, and Julia W. Mclnerny, Trial Attorney.

Before RADER, Circuit Judge, CLEVENGER, Senior Circuit Judge, and DYK, Circuit Judge.

Opinion for the court filed by Circuit Judge DYK. Concurring opinion filed by Circuit Judge RADER.

DYK, Circuit Judge.

This case involves a dispute over the proper calculation and award of attorneys' fees under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to -34 (2000) ("Vaccine Act"). Appellants Marty and Kellie Avera, as parents and next friends of their son Connor Avera, sought an award of attorneys' fees after unsuccessfully...

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