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SHAW v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 2009-5117.

609 F.3d 1372 (2010)

Michael Stephen SHAW, Petitioner-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

June 24, 2010.

Attorney(s) appearing for the Case

Kevin P. Conway, Conway, Homer & Chin-Caplan, P.C., of Boston, MA, argued for petitioner-appellant. On the brief was Ronald C. Homer.

Darryl R. Wishard, Trial Attorney, Torts Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. On the brief were Tony West, Assistant Attorney General, Timothy P. Garren, Director, Mark W. Rogers, Deputy Director, and Catharine E. Reeves, Assistant Director.

Before MOORE and PLAGER, Circuit Judges.

MOORE, Circuit Judge.

Mr. Michael Shaw applied for interim attorneys' fees and costs while pursuing a cause of action for compensation under the Vaccine Act, 42 U.S.C. § 300aa-1 et seq. The Special Master awarded Mr. Shaw the undisputed portion of his request and deferred consideration of the remaining fees and costs until the submission of a final petition for fees and costs. Shaw v. Sec'y of HHS, No. 01-707, 2009 WL 1010058, at *3 (Fed.Cl. Mar.27, 2009...

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