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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LORETTA FLOYD, * UNPUBLISHED 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 * Reasonable Amount Requested to which 

AND HUMAN SERVICES, * Respondent 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 DECISION1

 On October 29, 2010, Ms. Loretta Floyd (“petitioner”) 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 suffered 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 decision dismissing the petition for insufficient 

proof was entered. 

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

 

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 Because this decision contains a reasoned explanation 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 privileged 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 decision will be available to the 

public. Id. 

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 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National 

Childhood Vaccine Injury Act of 1986, Pub. L. No. 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. 

 
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the stipulation, the parties stipulate to an award to petitioner of attorney’s fees and costs in the 

amount of $11,614.38. In accordance with General Order #9, petitioner’s counsel represents that 

petitioner advanced $350.00, in litigation costs in pursuing her petition. 

 The Vaccine Act permits an award of reasonable attorney’s fees and costs. 42 U.S.C. § 

300 aa-15(e). Based on the reasonableness of the parties’ stipulation, 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 filed 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 judgment is expedited by the parties’ joint filing of 

notice renouncing the right to seek review.