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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS Filed: November 7, 2013

* * * * * * * * * * * * * * EVELYN ALLEN, * UNPUBLISHED
*
* No. 12-569V 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. Heather L. Pearlman, U.S. Department of Justice, Washington, D.C., for respondent.

ATTORNEYS’ FEES AND COSTS DECISION 1

On September 5, 2012, Evelyn Allen (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 developed eye and vision problems, physical impairments, and other injuries that were “caused in fact” by her receipt of an influenza vaccine on October 15, 2010. Petition at 1-2. On August 22, 2013, a decision awarding compensati on to petitioner based on the parties’ stipulation was entered.

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 November 6, 2013, respondent filed a Stipula tion of Fact Concerning 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 $22,726.56. In accordance with General Order #9, petitioner’s counsel represents that petitioner has not incurred any out-of-pocket expenses in pursuing her 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 Mr. Mi chael McLaren of the
law firm of Black & Mc Laren in the amount of $22,726.56

.

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.