VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01510 Package ID: USCOURTS-cofc-1_19-vv-01510 Petitioner: Leo Damon Jr. Filed: 2019-09-30 Decided: 2023-05-01 Vaccine: influenza Vaccination date: 2017-01-19 Condition: neuromyelitis optica spectrum disorder Outcome: compensated Award amount USD: 250000 AI-assisted case summary: On September 30, 2019, Leo Damon Jr. (later represented by his mother, Joanne Damon, as personal representative of his estate) filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that the influenza, Tdap, and Prevnar vaccinations received on January 19, 2017, caused Mr. Damon to develop neuromyelitis optica spectrum disorder (NMO). Mr. Damon passed away on February 14, 2021, and the petition also alleged that his death was a sequela of the vaccine-related injury. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused Mr. Damon's alleged NMO, any other injury, or his death. Despite maintaining their respective positions, the parties reached a joint stipulation to settle the case. Special Master Katherine E. Oler reviewed the file and found the stipulation to be reasonable, adopting it as her decision. The stipulation awarded a lump sum of $250,000.00, payable by check to Joanne Damon as the legal representative of Leo Damon Jr.'s estate. This award is intended as compensation for all damages available under the program. The decision notes that the parties may submit to further proceedings to award reasonable attorneys' fees and costs. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the medical experts consulted. The stipulation also states that it is not an admission by the United States or the Secretary that the vaccines caused Mr. Damon's condition or death. Theory of causation field: Petitioner Leo Damon Jr. alleged that influenza, Tdap, and Prevnar vaccines administered on January 19, 2017, caused him to develop neuromyelitis optica spectrum disorder (NMO) and subsequently die on February 14, 2021. The respondent denied causation. The parties entered into a stipulation to settle the case, agreeing to an award of $250,000.00. The stipulation was adopted by Special Master Katherine E. Oler on May 1, 2023. The theory of causation is based on the Vaccine Injury Table (Table), as indicated by the stipulation. The public text does not detail the specific mechanism of injury, expert testimony, or clinical findings supporting the alleged causation. Petitioner counsel was Jessica Olins, and respondent counsel was Mary Holmes. The award was a lump sum of $250,000.00. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01510-0 Date issued/filed: 2023-05-01 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 4/4/2023) regarding 65 DECISION of Special Master - Stipulation. Signed by Special Master Katherine E. Oler. (sl) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01510-UNJ Document 69 Filed 05/01/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1510V (not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * JOANNE DAMON, as personal * representative of the estate of LEO DAMON, * Filed: April 4, 2023 JR., * * * Petitioner, * Decision by Stipulation; Damages; * Influenza (“Flu”) Vaccine; Tetanus v. * Diphtheria, and Acellular Pertussis * (“Tdap”) Vaccine; Pneumococcal * SECRETARY OF HEALTH AND * (“Prevnar”) Vaccine; Neuromyelitis HUMAN SERVICES, * Optica Spectrum Disorder (“NMO”). * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * Jessica Olins, Maglio, Christopher & Toale, Seattle, WA, for Petitioner Mary Holmes, U.S. Department of Justice, Washington, DC, for Respondent DECISION ON JOINT STIPULATION1 On September 30, 2019, Leo Damon Jr. (then Petitioner) filed a petition, seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Pet., ECF No. 1. Petitioner alleges he suffered from neuromyelitis optica spectrum disorder (“NMO”) as a result of the influenza (“flu”), tetanus, diphtheria, and acellular pertussis (“Tdap”), and pneumococcal (“Prevnar”) vaccinations he received on January 19, 2017. See 1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted on the Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This means the Decision will be available to anyone with access to the internet. As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the Decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen 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 Decision in its present form will be available. Id. 2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter “Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the pertinent subparagraph of 42 U.S.C. § 300aa. Case 1:19-vv-01510-UNJ Document 69 Filed 05/01/23 Page 2 of 7 Stipulation ¶ 2, 4, dated April 4, 2023 (ECF No. 64); see also Pet. at 3-5. On November 10, 2021, the case caption was amended to reflect Joanne Damon as Petitioner of this case, as the personal representative of Mr. Damon’s estate, in light of Mr. Damon’s death on February 14, 2021. ECF No. 45. Respondent denies “that the Tdap, flu, and/or Prevnar vaccines caused Mr. Damon’s alleged NMO, any other injury, or his death.” See Stipulation ¶ 6. Nonetheless, both parties, while maintaining their above-stated positions, agreed in a stipulation filed April 4, 2023 that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation. I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards: a lump sum of $250,000.00 in the form of a check payable to petitioner, Joanne Damon, as legal representative of the estate of Leo Damon, Jr. Stipulation ¶ 8. This award represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. 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.3 IT IS SO ORDERED. s/ Katherine E. Oler Katherine E. Oler Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice renouncing their right to seek review. Case 1:19-vv-01510-UNJ Document 69 Filed 05/01/23 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS JOANNE DAMON, as personal representative of the estate of, LEO DAMON, JR., No. 19-1510V Special Master Oler Petitioner, ECF v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: 1. Joanne Damon (“petitioner”), as the personal representative of the estate of Leo Damon, Jr., (“Mr. Damon”), deceased, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the “Vaccine Program”). The petition seeks compensation for injuries and death allegedly related to Mr. Damon’s receipt of tetanus, diphtheria, and acellular pertussis (“Tdap”), influenza (“flu”), and pneumococcal (“Prevnar”) vaccines, which said vaccines are contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). 2. Mr. Damon received the Tdap, flu, and Prevnar vaccines on January 19, 2017. 3. The vaccines were administered within the United States. 4. Petitioner alleges that as a result of receiving the Tdap, flu, and Prevnar vaccines, Mr. Damon suffered neuromyelitis optica (“NMO”). Mr. Damon passed away on February 14, 2021. Petitioner further alleges that Mr. Damon’s death was the sequela of his alleged vaccine-related injury. 1 Case 1:19-vv-01510-UNJ Document 69 Filed 05/01/23 Page 4 of 7 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on behalf of Mr. Damon as a result of his alleged condition or his death. 6. Respondent denies that the Tdap, flu, and/or Prevnar vaccines caused Mr. Damon’s alleged NMO, any other injury, or his death. 7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation. 8. As soon as practicable after an entry of judgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(1), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $250,000.00 in the form of a check payable to petitioner as legal representative of the estate of Leo Damon, Jr. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa- 15(a). 9. As soon as practicable after the entry of judgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(1), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys’ fees and costs incurred in proceeding upon this petition. 10. Petitioner and her attorney represent that compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be expected to be made under any State compensation programs, insurance policies, Federal or 2 Case 1:19-vv-01510-UNJ Document 69 Filed 05/01/23 Page 5 of 7 State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis. 11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the availability of sufficient statutory funds. 12. Petitioner represents that she presently is, or within 90 days of the date of judgment will become, duly authorized to serve as the legal representative of the Estate of Leo Damon, Jr., under the laws of the State of Maryland. No payments pursuant to this Stipulation shall be made until petitioner provides the Secretary with documentation establishing her appointment as the legal representative of the Estate of Leo Damon, Jr. If petitioner is not authorized by a court of competent jurisdiction to serve as the legal representative of the Estate of Leo Damon, Jr., at the time a payment pursuant to this Stipulation is to be made, any such payment shall be paid to the party or parties appointed by a court of competent jurisdiction to serve as legal representative of the Estate of Leo Damon, Jr., upon submission of written documentation of such appointment to the Secretary. 13. In return for the payment described in paragraph 8, and any amount awarded pursuant to paragraph 9, petitioner, in her individual capacity, and as the legal representative of the estate of Leo Damon, Jr., on behalf of herself, the Estate, and Mr. Damon’s heirs, executors, administrators, successors or assigns, does forever irrevocably and unconditionally release, acquit and discharge the United States and the Secretary of Health and Human Services from any and all actions or causes of action (including agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever kind or nature) that have been brought, could have been brought, or could be timely brought in the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any 3 Case 1:19-vv-01510-UNJ Document 69 Filed 05/01/23 Page 6 of 7 way growing out of, any and all known or unknown, suspected or unsuspected personal injuries to or death of Mr. Damon, resulting from, or alleged to have resulted from, the Tdap, flu, and/or Prevnar vaccines administered on January 19, 2017, as alleged in a Petition for vaccine compensation filed on September 30, 2019, in the United States Court of Federal Claims as petition No. 19-1510V. 14. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the terms of this Stipulation, then the parties’ settlement and this Stipulation shall be voidable at the sole discretion of either party. 15. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award described in this Stipulation may reflect a compromise of the parties’ respective positions as to liability and/or amount of damages, and further, that a change in the nature of the injury or condition or in the items of compensation sought, is not grounds to modify or revise this agreement. 16. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the Tdap, flu, and/or Prevnar vaccines caused Mr. Damon’s alleged NMO, any other injury, or his death. 17. All rights and obligations of petitioner hereunder in her capacity as personal representative of the Estate of Leo Damon, Jr., shall apply equally to petitioner’s heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 4 Case 1:19-vv-01510-UNJ Document 69 Filed 05/01/23 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_19-vv-01510-cl-extra-10734303 Date issued/filed: 2024-09-05 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10267713 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: May 20, 2024 * * * * * * * * * * * * * * JOANNE DAMON, * personal representative of * ESTATE OF LEO DAMON, JR., * * * Petitioner, * No. 19-1510V * Special Master Oler v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * Jessica Anne Olins, Maglio Christopher & Toale, Seattle, WA, for Petitioner. Mary Holmes, United States Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEYS’ FEES AND COSTS1 On September 30, 2019, Leo Damon, Jr. (then Petitioner) filed a petition, seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Pet. at 1, ECF No. 1. Petitioner alleges he suffered from neuromyelitis optica spectrum disorder (“NMO”) as a result of the influenza (“flu”), tetanus, diphtheria, and acellular pertussis (“Tdap”), and pneumococcal (“Prevnar”) vaccinations he received on January 19, 2017. Id. at 3-5. On April 4, 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access. 2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2018)) (hereinafter “Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the pertinent subparagraph of 42 U.S.C. § 300aa. 2023, the parties filed a stipulation, which the undersigned adopted as her decision awarding compensation on that same day. (ECF No. 65). On June 27, 2023, Joanne Damon, personal representative of the Estate of Leo Damon, Jr. (Petitioner), filed an application for final attorneys’ fees and costs. (“Fees App.”). (ECF No. 71). Petitioner requests total attorneys’ fees and costs in the amount of $102,491.84, representing $70,372.30 in attorneys’ fees and $32,119.54 in attorneys’ costs. Fees App. at 1. Petitioner also filed a memorandum in support of her requested expert rates. (ECF No. 70). Pursuant to General Order No. 9, Petitioner has indicated that she incurred personal costs in this case in the amount of $76.95. Ex. 51 at 1. Respondent responded to the motion on July 11, 2023, stating that “Respondent is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case” and requesting “that the Court exercise its discretion and determine a reasonable award for attorneys’ fees and costs.” Resp’t’s Resp. at 2-3. (ECF No. 72). On February 20, 2024, Petitioner filed supplemental authority to substantiate her requested expert rates (ECF No. 73), to which Respondent responded on March 4, 2024 (ECF No. 74). This matter is now ripe for consideration. I. Reasonable Attorneys’ Fees and Costs Section 15(e) (1) of the Vaccine Act allows for the Special Master to award “reasonable attorneys' fees, and other costs.” § 300aa–15(e)(1)(A)–(B). Petitioners are entitled to an award of reasonable attorneys' fees and costs if they are entitled to compensation under the Vaccine Act, or, even if they are unsuccessful, they are eligible so long as the Special Master finds that the petition was filed in good faith and with a reasonable basis. Avera v. Sec'y of Health & Hum. Servs., 515 F.3d 1343, 1352 (Fed. Cir. 2008). Here, because Petitioner was awarded compensation pursuant to a stipulation, he is entitled to a final award of reasonable attorneys’ fees and costs. It is “well within the special master's discretion” to determine the reasonableness of fees. Saxton v. Sec'y of Health & Hum. Servs., 3 F.3d 1517, 1521–22 (Fed. Cir. 1993); see also Hines v. Sec'y of Health & Hum. Servs., 22 Cl. Ct. 750, 753 (1991). (“[T]he reviewing court must grant the special master wide latitude in determining the reasonableness of both attorneys' fees and costs.”). Applications for attorneys' fees must include contemporaneous and specific billing records that indicate the work performed and the number of hours spent on said work. See Savin v. Sec'y of Health & Hum. Servs., 85 Fed. Cl. 313, 316–18 (2008). Reasonable hourly rates are determined by looking at the “prevailing market rate” in the relevant community. See Blum v. Stenson, 465 U.S. 886, 895 (1984). The “prevailing market rate” is akin to the rate “in the community for similar services by lawyers of reasonably comparable skill, experience and reputation.” Id. at 895, n.11. The petitioner bears the burden of providing adequate evidence to prove that the requested hourly rate is reasonable. Id. A. Reasonable Hourly Rates Petitioner requests the following rates of compensation for their attorneys at mctlaw: for Ms. Jessica Olins: $184.00 per hour for work performed in 2018, $199.00 per hour for work performed 2 in 2019, $225.00 per hour for work performed in 2020, $266.00 per hour for work performed in 2021, $290.00 per hour for work performed in 2022, and $320.00 per hour for work performed in 2023; for Mr. Altom Maglio: $381.00 per hour for work performed in 2018; for Ms. Amber Wilson: $323.00 per hour for work performed in 2019; for Ms. Danielle Strait: $322.00 per hour for work performed in 2018, and $395.00 per hour for work performed in 2021; and, for Ms. Diana Stadelnikas: $396.00 per hour for work performed in 2018, and $490.00 per hour for work performed in 2022. Ex. 16 at 45. These rates are consistent with what counsel have previously been awarded for their Vaccine Program work and the undersigned finds them to be reasonable herein. The undersigned shall also award the requested paralegal time at the provided rates,3 but there is a discrepancy in a paralegal rate for Lindsay Wilkinson. Ms. Wilkinson had a rate of $165.00 per hour for 2021, but only $160.00 per hour for 2022. Ex. 49 at 45. The undersigned will, however, continue to award her $165.00 for the following year—a positive difference of $26.00.4 B. Reasonable Hours Expended Attorneys’ fees are awarded for the “number of hours reasonably expended on the litigation.” Avera, 515 F.3d at 1348. Counsel should not include in their fee requests hours that are “excessive, redundant, or otherwise unnecessary.” Saxton, 3 F.3d at 1521 (quoting Hensley v. Eckerhart, 461 U.S. 424, 434 (1983)). Additionally, it is well-established that billing for administrative/clerical tasks is not permitted in the Vaccine Program. Rochester v. United States, 18 Cl. Ct. 379, 387 (1989); Arranga v. Sec’y of Health & Hum. Servs., No. 02-1616V, 2018 WL 2224959, at *3 (Fed. Cl. Spec. Mstr. Apr. 12, 2018). Attorneys’ fees are awarded for the “number of hours reasonably expended on the litigation.” Avera, 515 F.3d at 1348. Counsel should not include in their fee requests hours that are “excessive, redundant, or otherwise unnecessary.” Saxton, 3 F.3d at 1521 (quoting Hensley v. Eckerhart, 461 U.S. 424, 434 (1983)). Additionally, it is well-established that billing for administrative/clerical tasks is not permitted in the Vaccine Program. Rochester v. United States, 18 Cl. Ct. 379, 387 (1989); Arranga v. Sec’y of Health & Human Servs., No. 02-1616V, 2018 WL 2224959, at *3 (Fed. Cl. Spec. Mstr. Apr. 12, 2018). The overall hours spent on this matter appear to be reasonable. The undersigned has reviewed the billing entries and finds that they adequately describe the work done on the case and the amount of time spent on that work. None of the entries appear objectionable, nor has Respondent identified any entries as objectionable. Accordingly, Petitioner is awarded final attorneys’ fees in the amount of $70,398.30. C. Attorneys’ Costs 3 The rates for the 12 paralegals who worked on this matter are also consistent with what has been previously awarded and in accordance with the Office of Special Masters’ fee schedule. 4 Ms. Wilkinson worked 5.2 hours at her previous rate of $160.00 which equaled $832.00. Now, with a rate of $165.00 for 5.2 hours of work, Ms. Wilkinson’s hours total $858.00. This is a difference of $26.00. 3 Like attorneys’ fees, a request for reimbursement of attorneys’ costs must be reasonable. Perreira v. Sec’y of Health & Hum. Servs., 27 Fed. Cl. 29, 34 (Fed. Cl. 1992). Petitioner requests a total of $8,121.49 in attorneys’ costs. This amount is comprised of acquiring medical records, postage, travel expenses, the expert’s retainer, and the Court’s filing fee. This amount also includes an expert report provided by Neuro-Ophthalmologist and physician scientist, Dr. Joseph F. Rizzo, for 43.43 hours, at a rate of $700.00 per hour for a total of $28,401.00 (less the $2,000.00 retainer). Petitioner submitted documentation justifying Dr. Rizzo’s rate and his credentials. His rate has been awarded in the Program previously. See Zale v. Sec’y of Health & Human Servs., No. 20-613V, 2024 WL 1406008, at *2 (Fed. Cl. Spec. Mstr. Mar. 8, 2024). Petitioner has provided adequate documentation supporting all requested costs, and Respondent also has not identified any specific costs as objectionable. As it relates to Dr. Rizzo’s rate, Respondent also did not note any specific objection to the requested rate, and only requested that the Court “continue to make case-by-case determinations about a reasonable hourly rate, based upon the work performed, and any revised expert hourly rate ceiling should reflect the unique character of the Vaccine Program.” (ECF No. 74 at 2). Thus, based on the complex medical issues involved, the work that was performed, and Dr. Rizzo’s specific qualifications, the undersigned finds these costs to be reasonable and shall fully reimburse them. D. Petitioner’s Costs Pursuant to General Order No. 9, Petitioner has indicated that she has personally incurred costs totaling $76.96 related to the instant case. This amount is comprised of the costs of establishing the estate and postage. These costs are reasonable and shall be fully reimbursed. II. Conclusion In accordance with the Vaccine Act, 42 U.S.C. § 300aa-15(e) (2012), the undersigned has reviewed the billing records and costs in this case and finds that Petitioner’s request for fees and costs is reasonable. The undersigned finds that it is reasonable to compensate Petitioner and his counsel as follows: Attorneys’ Fees Requested $70,372.30 [Adjustment to Fees] [$26.00] (Reduction to Fees) - Total Attorneys’ Fees Awarded $70,398.30 Attorneys’ Costs Requested $32,119.54 (Reduction to Costs) - Total Attorneys’ Costs Awarded $32,119.54 Total Attorneys’ Fees and Costs $102,517.84 Petitioner’s Costs $76.95 Total Amount Awarded $102,594.79 4 Accordingly, the undersigned awards the following: 1) a lump sum in the amount of $102,517.84 representing reimbursement for reasonable attorneys’ fees and costs, in the form of a check payable jointly to Petitioner and Petitioner’s attorney, mctlaw, and requests the check be forwarded to mctlaw, 1605 Main Street, Suite 710, Sarasota, Florida 34236; and 2) a lump sum in the amount of $76.95, representing reimbursement for Petitioner’s costs, in the form of a check payable to Petitioner and forwarded to the mctlaw, 1605 Main Street, Suite 710, Sarasota Florida 34236. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court shall enter judgment in accordance herewith. 5 IT IS SO ORDERED. s/ Katherine E. Oler Katherine E. Oler Special Master 5 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review. Vaccine Rule 11(a). 5