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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS Filed: May 30, 2014

* * * * * * * * * * * * * * LORETTA FLOYD, * UNPUBLISHED

* No. 10-739v Petitioner, * * Special Master Dorsey

v. * * Attorney’s Fees and Costs;

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

* Respondent. *

*

* * * * * * * * * * * * * Richard Gage, Richard Gage, P.C., Cheyenne, WY for petitioner. Alexis B. Babcock, United States Department of Justice, Washington, DC, for respondent.

ATTORNEY’S FEES AND COSTS DECISION 1

On October 29, 2010, Ms. Loretta Floyd (“petiti oner”) filed a petition pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged that she suffere d from neurologic, rheumatologic, and gastrointestinal injuries as a result of a measles, mumps, rubella ( MMR) vaccination she received on October 10, 2007. Petition at Preamble. On March 20, 2014, a deci sion dismissing the petition for insufficient proof was entered.

On May 27, 2014, the parties filed a Joint Stipul ation on Fees and Costs. According to

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 the stipulation, the parties stipulate to an award to petitioner of a ttorney’s fees a nd costs in the amount of $11,614.38. In accordance with General Or der #9, petitioner’s counsel represents that petitioner advanced $350.00, in litigation costs in pursuing her petition.

The Vaccine Act permits an award of reasonabl e attorney’s 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 attorney’s fees and costs.

Accordingly, an award should be made as follows:

(1) in the form of a check jointly payable to petitioner and Richard Gage, of Richard Gage, P.C., in the amount of $11,614.38 , and

(2) in the form of a check payable to petitioner only in the amount of $350.00

.

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.