United States Federal Circuit
Shaw v. Sec'y of Human & Health Serv., 09-5117
In an appeal of a Special Master's decision to award plaintiff's undisputed portion of his request for interim attorneys' fees and costs and deferring consideration of the remaining amount until submission of a final petition for fees and costs in plaintiff's case under the Vaccine Act, Court of Federal Claims' dismissal for lack of jurisdiction is reversed as 42 U.S.C. section 12(e) confers jurisdiction on the Court of Federal Claims to review interim attorney fee decisions as an interim attorney fee decision is a separate decision on compensation, and as such, is reviewable even when that decision issues prior to a decision on the merits.
Appellate Information
- Decided 06/24/2010
- Published 06/24/2010
Judges
Court
- United States Federal Circuit