# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14

- 624 V

Filed: July 24 , 2015

Unpublished

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

CHRISTINE L. TISHMACK

, *

*

Petitioner, *

v. *

* Attorney Fees and Costs; Stipulation

SECRETARY OF HEALTH AND *

HUMAN SERVICES

, *

*

Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

Kate G. Westad, Esq., Lommen Abdo Law Firm, Minneapolis, MN, for petitioner.

Julia W. McInerny, Esq., U.S. Dept. of Justice, Washington, DC for respondent.

DECISION ON ATTORNEY FEES AND COSTS 1

Vowell, Chief Special Master:

On July 18, 2014

, Christine L. Tishmack filed a petition for compensation under

the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et seq

. , 2 [ the

“Vaccine Act” or “Program”]. Petitioner alleges that she suffered a shoulder injury which

was caused by the tetanus, diphtheria

- acellular pertussis [“Tdap”] vaccine she received

on July 22, 2011. Petit ion at 1

. On June 19 , 2015 , I issued a decision awarding

compensation to petitioner based on respondent ’ s proffer to which petitioner agreed.

On July 24 , 2015, the parties filed a Stipulation of Fact s Regarding Final

Attorneys’ Fees and Costs. According to the stipulation, the parties agree upon a n

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend

to post this decision on the United States Court of Federal Claims' website, in accordance with the E

Government Act of 2002, Pub. L. No. 107

- 347, § 20 5, 116 Stat. 2899, 2913 (codified as amended at 44

U.S.C. § 3501 note (2006)) . In accordance with Vaccine Rule 18(b), petitioner s ha ve 14 day s to identify

and move to redact medical or other information, the disclosure of which would constitute an unwarran ted

invasion of privacy. If, upon review, I agree that the identified material fits withi n 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 th e Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §

300aa (2006).2

award of $ 15,410.92 in attorneys’ fees and costs

. In accordance with General Order

#9, petitioner’s counsel repres ents that petitioner incurred no out

- of

- pocket expenses.

The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42

U.S.C. § 300 aa

- 15(e). I find the proposed amount to be reasonable.

Accordingly , I award the total $ 15,410.92 3 as a lump sum in the form of a

check jointly payable to petitioner and petitioner’s counsel Kate G. Westad

.

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

IT IS SO ORDERED.

s/ Denise K. Vowell

Denise K. Vowell

Chief Special Master

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

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

Furthermore, 42 U.S.C. § 300aa

- 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, HHS , 924

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

4 Entry of judgment can be ex pedited by each party’s filing of a notice renouncing the right to seek review.

See Vaccine Rule 11(a).