In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 17-0874V

Filed: December 6, 2018

UNPUBLISHED

THOMAS ZERWAS,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Special Processing Unit (SPU); 

Attorneys’ Fees and Costs

Kathleen Margaret Loucks, Lommen Abdo Law Firm, Minneapolis, MN, for petitioner.

Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEYS’ FEES AND COSTS1

Dorsey, Chief Special Master:

On June 27, 2017, petitioner 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 his October 23, 2015 influenza (“flu”) vaccine caused him 

to suffer a shoulder injury related to vaccine administration (SIRVA). Stipulation, filed 

November 29, 2018, at ¶¶ 2, 4; Petition at 1. On November 29, 2018, the undersigned 

issued a decision awarding compensation to petitioner based on the parties’ stipulation. 

ECF No. 42. 

 

1 The undersigned intends to post this decision on the United States Court of Federal Claims' website. 

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, the 

undersigned agrees that the identified material fits within this definition, the undersigned will redact such 

material from public access. Because this unpublished decision contains a reasoned explanation for the 

action in this case, undersigned is required to post it on the United States Court of Federal Claims' 

website in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal 

Management and Promotion of Electronic Government Services).

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

On October 12, 2018, petitioner filed a motion for attorneys’ fees and costs. ECF 

No. 33. Petitioner requests attorneys’ fees in the amount of $21,253.30 and attorneys’ 

costs in the amount of $1,115.67. Id. at 1. In compliance with General Order #9, 

petitioner filed a signed statement indicating that petitioner incurred no out-of-pocket 

expenses. Id. at 44. On November 2, 2018, petitioner filed a supplemental motion for 

attorney’s fees and costs. ECF No. 38. “Petitioner’s counsel does not intend to file any 

further requests for attorney’s fee and costs. Therefore the Application for Attorney’s 

Fees and Costs previously field is a final Application.” Id. at 1. Thus, the total amount 

requested is $22,368.97. 

 

On October 30, 2018, respondent filed a response to petitioner’s motion. ECF 

No. 34. Respondent argues that “[n]either the Vaccine Act nor Vaccine Rule 13 

contemplates any role for respondent in the resolution of a request by a petitioner for an 

award of attorneys’ fees and costs.” Id. at 1. Respondent adds, however, that he “is 

satisfied the statutory requirements for an award of attorneys’ fees and costs are met in 

this case.” Id. at 2. Respondent “respectfully recommends that the Chief Special 

Master exercise her discretion and determine a reasonable award for attorneys’ fees 

and costs.” Id. at 3. Respondent filed no response to the supplemental motion for 

attorney’s fees and costs. 

Petitioner has filed no reply. 

The undersigned has reviewed the billing records submitted with petitioner’s 

request. In the undersigned’s experience, the request appears reasonable, and the 

undersigned finds no cause to reduce the requested hours or rates. 

The Vaccine Act permits an award of reasonable attorneys’ fees and costs. § 

15(e). Based on the reasonableness of petitioner’s request, the undersigned GRANTS

petitioner’s motion for attorneys’ fees and costs. 

Accordingly, the undersigned awards the total of $22,368.973 as a lump 

sum in the form of a check jointly payable to petitioner and petitioner’s counsel 

Kathleen Margaret Loucks.

The clerk of the court shall enter judgment in accordance herewith.4

 

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 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice 

renouncing the right to seek review.
3

IT IS SO ORDERED.

s/Nora Beth Dorsey

Nora Beth Dorsey

Chief Special Master