In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 14-624V

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Unpublished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 COSTS1

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. Petition 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 Facts Regarding Final 

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

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend 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 EGovernment Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 

U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), petitioners have 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 (2006).
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award of $15,410.92 in attorneys’ fees and costs. In accordance with General Order 

#9, petitioner’s counsel represents 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 $15,410.923 as a lump sum in the form of a 

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

The 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 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, 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 expedited by each party’s filing of a notice renouncing the right to seek review. 

See Vaccine Rule 11(a).