# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 11

- 852 V

Filed: December 19, 2014

Not for P ublication

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LINDSEY ANN E MILLER

, *

*

Petitioner

, * Interim a ttorneys’ fees and costs decision

* b ased on s tipulation of f act

v. *

*

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

*

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Patricia A. Finn , Piermont, NY

, for petitioner.

Debra A. Filteau Begley , Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING INTERIM ATTORNEYS ’ FEES AND COSTS 1

On December 19 , 2014 , the parties filed a stipulation of fact in which they agreed on an

appropriate amount for interim attorneys’ fees and costs in this case

.

Petitioner provided a motion for interim attorne ys’ f ees and costs to respondent , seeking

$107,238 .00 in interim attorneys ’ fees and costs and $ 2,350.00 in petitioner ’ s interim costs

. During informal discussions, respondent ra ised objections t o certain aspects of petitioner’ s

motion , including objections based on Avera v. Sec ’ y of HHS

, 515 F. 3d 1343 (Fed. Cir. 2008)

, and

1 Because this unpublished decision contains a reasoned explanation f or the special master’ s action in this

case, the special master intends to post this unpublished decision on the United States Court of Federal

Claims’ s website, in accordance with the E

- Government Act of 2002, Pub. L. No. 107

- 347, 116 Stat. 2899,

2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special master s will be made

available to the public unless they contain trade secrets or commercial or financial information that is

privileged and confidential, or medical or similar information whose disclosure would constitute a clearly

unwarranted invasion of priva cy. When such a decision is filed, petitioner has 14 days to identify and

move to redact such information prior to the document = s disclosure. If the special master, upon review,

agrees that the identified material fits within the banned categories listed above, the special master shall

redact such material from public access.objections to the nu mber of attorney hours sought. Based on these objections, petitioner amend s

her application for interim attor ne ys’ fees and costs to $ 6 2

, 3 5 0.00 , consisting of $60,000.00 in

interim attorneys ’ fees and costs and $2,350.00 in petitioner ’ s interim costs

. Respondent does not

object to this amount. The undersigned finds this amount to be reasonable. Accordingly, the

court awards :

a. $ 60 ,000.00 , representing reimbursement for interim attorn eys’ fees and costs to

date

. The award shall be in the form of a chec k payable jointly to petitioner and

Patricia Finn, Esq. in the amount of $ 60 ,000.00 ; and

b. $2,350.00 , representing reimbursement for petitioner ’ s interim out

- of

- pocket

costs to date. The award shall be in the form of a check payable jointly to

petitioner and her father, Stuart Miller

, in the amount of $2,350.00.

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

court is directed to enter judgment herewith. 2

IT IS SO ORDERED.

Dated: December 19, 2014 s/ Laura D. Millman

Laura D. Millman

Special Master

2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party , either separately or

jointly, filing a notice renouncing the right to seek review.

2