# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 1235 V (not to be published)

JAN MONTESANO

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: September 28, 2021

Special Processing Unit (SPU);
Attorney’s Fees and Costs

Ronald Craig Homer, Conway, Homer, P.C., Boston, MA , for P etitioner.

Kimberly Shubert Davey , U.S. Department of Justice, Washington, DC, for R espondent.

DECISION ON ATTORNEY ’ S FEES AND COSTS 1

On August 19, 2019, Jan Montesano (“ P etitioner ”) 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 in the Vaccine Injury Table as a result of an influenza

vaccin ation administered on October 12, 2016. ( Petition at 1 )

. On June 1 , 2021

, a decision

was issued awarding compensation to P etitioner based on the parties’ stipulation

. (ECF

No. 36 )

.

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 E

Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the D ecision 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 August 2 6

, 2021, (ECF No. 41 ) , requesting a n award of $ 27,658.82 (representing $ 26,740.00 in fees

and $ 918.82 in costs). In accordance with General Order No. 9, Petitioner filed a signed
statement indicating that Petitioner incurred out

- of

- pocket expenses in the amount of

$7.34

. (ECF No. 42 ). Respondent reacted to the motion on August 30

, 2021, indicating
that he is satisfied that the statutory requirements for an award of attorney’s fees and

costs are met in this case, and d efers resolution of the amount to be awarded to my

discretion

. (ECF No. 43 ). Petitioner did not file a reply thereafter.

I have reviewed the billing records submitted with P etitioner’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 and costs

. Section 15(e). Accordingly , Petitioner is awarded the total amount of $ 27,666.16 3

as follows:

• A lump sum of $ 27,658.82 , representing reimbursement for fees and costs, in the form of a check payable jointly to Petitioner and
Petitioner’s counsel and;

• A lump sum of $ 7.34 , representing reimbursement for Petitioner’s costs, in the form of a check payable to Petitioner.

I n 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. 4

IT IS SO ORDERED.

s/ Brian H. Corcoran

Brian H. Corcoran Chief Special Master

3 This amount is intended to c over 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 f ees (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), the parties may expedite entry of judgment by filing a jo int notice renouncing their right to seek review.