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SIMMONS v. SECRETARY OF HEALTH AND HUMAN SERVICES

2017-1405.

875 F.3d 632 (2017)

Henry SIMMONS, Petitioner-Appellant v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: November 7, 2017.

Attorney(s) appearing for the Case

JOSEPH PEPPER , Conway Homer, PC, Boston, MA, argued for petitioner-appellant. Also represented by RONALD C. HOMER .

VORIS EDWARD JOHNSON, JR. , Vaccine/Torts Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellee. Also represented by CHAD A. READLER , C. SALVATORE D'ALESSIO , CATHARINE E. REEVES .

JENNIFER ANNE MAGLIO , Maglio Christopher & Toale PA Law Firm, Sarasota, FL, for amici curiae Vaccine Injured Petitioners Bar Association, The George Washington University Law School Vaccine Injury Litigation Clinic.

Before Prost, Chief Judge, Lourie and Taranto, Circuit Judges.

Appellant Henry Simmons appeals the decision of the Court of Federal Claims ("Claims Court"), Simmons v. Sec'y of HHS, 128 Fed.Cl. 579 (2016) ("Claims Court Decision"), denying attorneys' fees and costs for his vaccine case. Because the Claims Court properly concluded that...

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