In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-1617V 

(not to be published)

DEBORAH ANN DUNATOV,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran

Filed: March 25, 2021

Special Processing Unit (SPU); 

Attorney’s Fees and Costs

Robert D. Trzynka, Hovland, Rasmus, Brendtro & Trzynka, Prof. LLC, Sioux Falls, SD, 

for Petitioner.

Julia Marter Collison, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON ATTORNEY’S FEES AND COSTS1

On October 18, 2018, Deborah Ann Dunatov filed a petition for compensation 

under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.2

(the “Vaccine Act”). Petitioner alleges that she suffered a shoulder injury related to 

vaccine administration as a result of an influenza vaccination received on October 26, 

2016. (Petition at 1). On August 7, 2020, a decision was issued awarding compensation 

to Petitioner based on the Respondent’s proffer. (ECF No. 41). 

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 

required to post it on the United States Court of Federal Claims' website in accordance with the EGovernment Act of 2002. 44 U.S.C. § 3501 note (2012) (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 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease 

of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa 

(2012).
2

Petitioner has now filed a motion for attorney’s fees and costs, dated January 26, 

2021 (ECF No. 44), requesting an award of attorney fees and relevant sales tax for South 

Dakota, for a total of $12,811.95 In accordance with General Order No. 9, counsel for 

Petitioner represents that Petitioner incurred out-of-pocket expenses in the amount of 

$225.61. (ECF No. 49). Petitioner also requests a total of $5,261.11 in attorney fees, costs

and relevant sales tax incurred by Petitioner’s former counsel, Sharla Svennes. (ECF No. 

45 at 1-2). Respondent reacted to the motion on February 8, 2020, indicating that he is 

satisfied that the statutory requirements for an award of attorney’s fees and costs are met 

in this case and defers to the Court’s discretion to determine the amount to be awarded.

(ECF No. 47). Petitioner did not file a reply thereafter. 

I have reviewed the billing records submitted with Petitioner’s request. In my 

experience, the request appears reasonable, and I find no cause to reduce the requested 

hours or rates

The Vaccine Act permits an award of reasonable attorney’s fees. Section 15(e).

Accordingly, Petitioner is awarded the total amount of $18,298.663 as follows:

• A lump sum of $18,073.06, representing reimbursement for 

attorney’s fees, in the form of a check payable jointly to Petitioner 

and Hovland, Rasmus, Brentro and Trzynka, Prof. LLC4; and 

• A lump sum of $225.61, representing reimbursement for Petitioner’s 

costs, in the form of a check payable to Petitioner.

In the absence of a timely-filed motion for review (see Appendix B to the Rules of 

the Court), the Clerk shall enter judgment in accordance with this decision.5

3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all 

charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered. 

Furthermore, § 15(e)(3) prevents an attorney from charging or collecting fees (including costs) that would 

be in addition to the amount awarded herein. See generally Beck v. Sec’y of Health & Human Servs., 924 

F.2d 1029 (Fed. Cir.1991).

4 This amount includes fees incurred by both current attorney, Robert Trzynka and prior attorney, Sharla 

Svennes. Mr. Trzynka is to disperse funds for attorney fees incurred to the appropriate parties upon 

receipt. 

5 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice 

renouncing their right to seek review.
3

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master