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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS Filed: May 5, 2014

* * * * * * * * * * * * * * PAMELA ANN DILLON, * UNPUBLISHED

* No. 10-850v

* Petitioner, * * Special Master Dorsey

v. * * Attorneys’ Fees and Costs;

SECRETARY OF HEALTH * Reas onable Amount Requested to which AND HUMAN SERVICES, * Responde nt Does not Object.

* Respondent. *

*

* * * * * * * * * * * * * Michael G. McLaren, Black & McLare n, Memphis, TN, for petitioner. Ryan Daniel Pyles, United States Department of Justice, Washington, DC, for respondent.

ATTORNEY’S FEES AND COSTS DECISION 1

On December 10, 2010, Pamela Ann Dillon (“pet itioner”), filed a petition pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleges that she suffere d and continues to suffer the effects of autoimmune transverse myelitis as a result of an influenza vaccinati on that she received on October 1, 2008. On June 25, 2013, a decision dismissing the petition was ente red. A Motion for Review was filed on July 25, 2013. An opinion denying the Motion for Revi ew and sustaining the special master’s decision was entered on December 19, 2013.

1 Because this decision contains a reasoned explan ation for the undersigned’s action in this case, the undersigned intends to post this decision on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). As provided by Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is priv ileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the entire d ecision will be available to the public. Id.

2 The National Vaccine Injury Compensation Progr am is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. N o. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to

individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.2 On May 2, 2014, the parties filed a Stipulation of Fact Concerning Final Attorneys’ Fees and Costs. According to the stipulation, the pa rties stipulate to an award to petitioner of attorneys’ fees and costs in the amount of $144,000.00. In accordance with General Order #9, petitioner’s counsel represents that petitioner advanced no out-of-pocket expenses in pursuing the petition.

The Vaccine Act permits an award of reasonabl e attorneys’ fees and costs. 42 U.S.C. § 300 aa-15(e). Based on the reasonableness of the parties’ stipul ation, the undersigned GRANTS the request for approval and payment of attorneys’ fees and costs.

Accordingly, an award should be made as follows:

in the form of a check jointly payable to petitioner and Michael G. McLaren of Black, McLaren Jones Ryland & Griffee, in the amount of $144,00.00

.

In the absence of a motion for review file d pursuant to RCFC Appendix B, the clerk of

the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation. 3

IT IS SO ORDERED.

s/Nora Beth Dorsey Nora Beth Dorsey Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgme nt is expedited by the parties’ joint filing of notice renouncing the ri ght to seek review.