United States Federal Circuit
Rodriguez v. Sec'y of Health and Human Servs., 2010-5093
In a case involving 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. sections 300aa-1 to -43 (Vaccine Act) as amended, the U.S. Court of Federal Claims affirmation of the decision by a special master awarding fees based on evidence of the reasonable hourly rates of Vaccine Act practitioners in the forum, rather than accepting the Laffey Matrix as prima facie evidence of the forum rate, is affirmed where the special master did not apply an incorrect legal standard nor was her rejection of the limited evidence petitioner filed arbitrary, capricious, or an abuse of discretion.
Appellate Information
- Decided 02/09/2011
- Published 02/09/2011
Judges
- WHYTE
Court
- United States Federal Circuit