Attorney’s Fees – No Reasonable Basis

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Patel v. HHS, (Fed. Cl. Spec. Mstr. Jan. 8, 2016) (Moran, SM)

Attorney’s Fees – No Reasonable Basis

The special master found there was no evidence supporting a reasonable basis for the claim because 1) no records demonstrated that any injury lasted six months; 2) no evidence existed that the HPV vaccination caused a problem in the Petitioner.  The special master noted that, if he were to apply the totality of circumstances test, as opposed to his “some evidence” test, the result would be the same.  The statute of limitations was not looming when the case was filed.  The special master indicated that, at minimum, counsel should have ensured that the 6 month requirement could be met before filing the claim.

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