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RODRIGUEZ v. SECRETARY OF HEALTH & HUMAN SERVICES

No. 2010-5093.

632 F.3d 1381 (2011)

Gabriel G. RODRIGUEZ, as Administrator of the Estate of Giavanna Maria Rodriguez for the Benefit of Gabriel Gene Rodriguez and Jennifer Ann Rodriguez, Petitioners-Appellants, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

February 9, 2011.

Attorney(s) appearing for the Case

Gilbert Gaynor , Law Office of Gilbert Gaynor, of Santa Barbara, CA, argued for petitioners-appellants. With him on the brief was John Francis McHugh , Attorney at Law, of New York, NY.

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

Shelia A. Bjorklund , Lommen, Abdo, Cole, King & Stageberg, P.A., of Minneapolis, MN, for amicus curiae Bar Association.

Before RADER, Chief Judge, LOURIE, Circuit Judge, and WHYTE, District Judge.

WHYTE, District Judge.

This case involves a dispute over the reasonable hourly rate used to calculate attorneys' fees awarded under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -43 ("Vaccine Act"), as amended. Petitioner Gabriel Rodriguez appeals from a decision of the United States Court of Federal Claims, which affirmed the decision by a special master awarding fees based on evidence of the reasonable hourly rates of Vaccine...

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