Kay v. Secretary of Health & Human Services

MEMORANDUM OPINION AND ORDER

CHRISTINE O.C. MILLER, Judge.

This matter is before the court following briefing on Petitioner’s Motion for Review of the Special Master’s Decision of August 31, 2007 and Petitioner’s Motion for an Interlocutory Order Pursuant to 28 U.S.C. *602§ 1292(d)(2)1 filed on October 1, 2007, following petitioner’s unsuccessful compensation claim and application for attorneys’ fees and costs pursuant to the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to-34 (2000) (the “Vaccine Act”). The issue on review is whether jurisdiction resided in the special master…