In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 16-1283V

Filed: April 24, 2018

UNPUBLISHED

CURTIS BAKKEN,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Special Processing Unit (SPU); 

Attorneys’ Fees and Costs

Kate Gerayne Westad, Larkin Hoffman, et al., Ltd., Minneapolis, MN, for petitioner.

Lynn Elizabeth Ricciardella, U.S. Department of Justice, Washington, DC, for 

respondent.

DECISION ON ATTORNEYS’ FEES AND COSTS1

Dorsey, Chief Special Master:

On October 6, 2016, 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 he suffered Guillain-Barré Syndrome (“GBS”) as 

a result of receiving the influenza (“flu”) vaccine on October 10, 2013. Petition at ¶ 1. 

On September 26, 2017, the undersigned issued a decision awarding compensation to 

petitioner based on the parties’ stipulation. (ECF No. 28). 

On March 28, 2018, petitioner filed a motion for attorneys’ fees and costs. (ECF 

No. 35). Petitioner requests attorneys’ fees in the amount of $20,272.50 and attorneys’ 

costs in the amount of $4,733.92. Id. at 1. Petitioner also requests attorneys’ fees and 

 1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 

undersigned intends 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). 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.

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

costs in the amount of $1,462.51 for work performed by petitioner’s counsel while at the 

firm of Lommen Abdo, P.A. In compliance with General Order #9, petitioner counsel 

represents that petitioner incurred no out-of-pocket expenses. Id. at 2. Thus, the total 

amount requested is $26,468.93.

 

On April 11, 2018, respondent filed a response to petitioner’s motion. (ECF No. 

36). 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. 

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, with the following 

exception. 

 It is firmly rooted that billing for clerical and other secretarial work is not 

permitted in the Vaccine Program. Rochester v. United States, 18 Cl. Ct. 379, 387 

(1989) (denied an award of fees for time billed by a secretary and found that “[these] 

services ... should be considered as normal overhead office costs included within the 

attorneys’ fees rates”); Mostovoy v. Sec’y of Health & Human Servs., No. 02-10V, 2016 

WL 720969, at *5 (Fed. Cl. Spec. Mstr. Feb. 4, 2016). Dwight M. Ludvingson, titled as a 

litigation assistant, billed a total of 2.50 hours3 for bates stamping and uploading 

documents in to a data base. (ECF No. 35-3, 2-3). These tasks are considered 

administrative and the undersigned reduces the total fee request from Larkin Hoffman, 

in the amount of $400.00.

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 in part petitioner’s motion for attorneys’ fees and costs.

 3 Examples of these billing entries include: 07/19/16 “Process new document, bates label and load into 

Eclipse database” (0.50 hours), 10/06/16 “Process new document and load into Eclipse database; export 

exhibits from database for filing” (0.40 hours), 11/16/16 “Bates number PDF documents and load into 

Eclipse database” (0.70 hours). ECF No. 35-3 at 2-3. 
3

Accordingly, the undersigned awards the total of $26,068.934 as follows:

• A lump sum of $24,606.42, representing reimbursement for 

attorneys’ fees and costs, in the form of a check payable jointly to 

petitioner and petitioner’s counsel, Kate Gerayne Westad; and

• A lump sum of $1,462.51, representing reimbursement for 

petitioner’s fees and costs, in the form of a check payable to 

petitioner and Lommen Abdo, P.A.

The clerk of the court shall enter judgment in accordance herewith.5

IT IS SO ORDERED.

s/Nora Beth Dorsey

Nora Beth Dorsey

Chief Special Master

 4 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).

5 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.