Mullins v. Secretary of Health and Human Services ( 2014 )


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  •              In the United States Court of Federal Claims
    OFFICE OF SPECIAL MASTERS
    Filed: November 7, 2014
    * * * * * * * *            *   *   *   *   *
    *      UNPUBLISHED
    LINDA MULLINS,                             *      No. 12-69V
    *
    Petitioner,                  *
    *      Special Master Dorsey
    v.                                        *
    *      Attorneys’ Fees and Costs;
    SECRETARY OF HEALTH                       *      Reasonable Amount Requested to which
    AND HUMAN SERVICES,                       *      Respondent Does not Object.
    *
    Respondent.                  *
    *
    * * * * * * * * * * * * *
    Michael G. McLaren, Black McLaren Jones Ryland & Griffee, PC, Memphis, TN, for petitioner.
    Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent.
    ATTORNEYS’ FEES AND COSTS DECISION1
    On February 2, 2012, Linda Mullins (“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 myelitis as a result of receiving an influenza (flu) vaccine on
    November 2, 2012. See Petition at 1-6. On September 29, 2014, a decision was entered based
    on the parties’ stipulation awarding compensation to petitioner.
    On November 7, 2014, the parties filed a Stipulation of Fact Concerning Attorneys’ Fees
    and Costs. According to the stipulation, the parties stipulate to a total award to petitioner of
    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, 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. 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 the Act). All citations in this decision to
    individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
    1
    attorneys’ fees and costs in the amount of $38,500.00. In accordance with General Order #9,
    petitioner’s counsel represents that petitioner did not personally advance any reimbursable costs
    in pursuit of her claim.
    The Vaccine Act permits an award of reasonable attorneys’ 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 attorneys’ fees and costs.
    Accordingly, an award should be made as follows:
    in the form of a check jointly payable to petitioner and to petitioner’s attorney, Michael
    G. McLaren, of the law firm Black McLaren Jones Ryland & Griffee, PC, in the amount
    of $38,500.00.
    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.
    2
    

Document Info

Docket Number: 12-69

Judges: Nora Beth Dorsey

Filed Date: 12/1/2014

Precedential Status: Non-Precedential

Modified Date: 4/18/2021