In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 19-1235V 

(not to be published)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 Petitioner.

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

DECISION ON ATTORNEY’S FEES AND COSTS1

On August 19, 2019, Jan Montesano (“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 she suffered a shoulder injury related to 

vaccine administration as in the Vaccine Injury Table as a result of an influenza 

vaccination administered on October 12, 2016. (Petition at 1). On June 1, 2021, a decision 

was issued awarding compensation to Petitioner based on the parties’ stipulation. (ECF 

No. 36).

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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 EGovernment Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic 

Government Services). 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, 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 26, 

2021, (ECF No. 41), requesting an 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 defers 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 Petitioner’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 $27,666.163

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.

In 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 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), the parties may expedite entry of judgment by filing a joint notice 

renouncing their right to seek review.