MASIAS v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 2010-5077.

634 F.3d 1283 (2011)

Donald R. MASIAS, Petitioner-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

March 15, 2011.


Attorney(s) appearing for the Case

Robert T. Moxley , Robert T. Moxley, P.C., of Cheyenne, WY, argued for petitioner-appellant.

Catharine E. Reeves , Assistant Director, Torts Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With her on the brief were Tony West , Assistant Attorney General, Timothy P. Garren , Director, Mark W. Rogers , Deputy Director, and Gabrielle M. Fielding , Assistant Director.

Before BRYSON, SCHALL, and PROST, Circuit Judges.


SCHALL, Circuit Judge.

This case involves a dispute over the proper calculation and award of attorneys' fees under the National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-10 to -34 (2000) ("Vaccine Act" or "Act"). The Vaccine Act established the National Vaccine Injury Compensation Program ("Vaccine Program" or "Program"). Petitioner-Appellant Donald R. Masias ("Masias" or "petitioner") sought compensation under the Vaccine Program, alleging that he...

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