Fed. Circ. Revives Fee Bid In Gardasil Vaccine Injury Case

Law360 (January 8, 2021, 10:40 PM EST) -- The Federal Circuit on Friday revived a mother's attempt to collect attorney fees in an unsuccessful case claiming her son was harmed by Merck & Co.'s Gardasil HPV vaccine, saying a special master in the case didn't adequately review certain evidence when denying the fee bid.

A three-judge panel tossed a special master's denial of a request from Stacey James-Cornelius — whose son is only identified as E.J. — for attorney fees she sought after failing to find certain medical records, according to the panel.

She dropped the petition, but the National Vaccine Injury Compensation Program provides for fee awards for...

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