# In the United States Court of Federal Claims

OFFICE OF SPECIAL MA STERS

Filed: September 10, 2014

* * * * * * * * * * * * * *

ANNETTE TERRY

, * UNPUBLISHED

*

* No. 14

- 559 V

Petitioner

, *

* Special Master Dorsey

v. *

* Attorneys’ Fees and Costs;

SECRETARY OF HEALTH * Reasonable Amount Requested to which

AND HUMAN SERVICES, * Respondent Does N ot Object.

*

Respondent. *

*

* * * * * * * * * * * * *

Maximillian J. Muller

, Muller Brazil, LLP, Philadelphia, PA

, for petitioner

. Claudia B. Gangi

, U.S. Dep artment of Justice, Washington, D

. C

. , for respondent

.

ATTORNEYS’ FEES AND COSTS DECISION 1

On Ju ne 30, 2014

, Annette Terry (“ petitioner ”) file d a petition for compensation under

the National Vaccine Injury Compensat ion Program (“Vaccine Program”) 2 alleging that she

suffered from a shoulder injury that had been caused

- in

- fact by an influenza (“flu”) vaccine

administered to her on October 10, 2013 . See Petition at 1. On August 22, 2014, a Ruling on

Entitlement was issued based on respondent’s concession and on August 27, 2014, a Damages

Decision was issued on Proffer

.

1 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, Pu b. 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 sub stance 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.” V accine Rule 18(b). Otherwise, the entire decision will be available to th e

public. Id.

2 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 “Ac t”). All citations in this decision to

individual sections of the Act are to 42 U.S.C.A. § 300aa.

1O n September 10, 2014 , the parties filed a Stipulation of Fact Concerning Attorneys’

Fees and Costs. According to the stipulation, respondent does not o bject to a total award of

atto rneys’ fees and costs in the amount of $ 14, 0 00.00

. In accordance wi th General Order #9,

petitioner fil ed a statement stating that she incurred no out

- of

- p ocket expenses in pursuing her

petition

.

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

300 aa

- 15(e). Based on t he reasonableness of petitioner ’s request and respondent’s counsel’s

lack of objection to petitioner’ s counsel’s fee request, the undersigned GRANTS petitioner’ s

motion 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 petitioner’s counsel,

Maximillian J. Muller in the amount of $ 14,0 00.0 0

.

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.

2