In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 16-361V 

Filed: January 9, 2017 

UNPUBLISHED 

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

JOHN DAKOTA JACKSON, *

 *

 Petitioner, *

v. *

 * Attorneys’ Fees and Costs; 

SECRETARY OF HEALTH * Reasonable Amount to Which 

AND HUMAN SERVICES, * Respondent Does Not Object 

 *

 Respondent. *

 *

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

Edward M. Kraus, Law Offices of Chicago Kent, Chicago, IL, for petitioner. 

Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION ON ATTORNEYS’ FEES AND COSTS1

Roth, Special Master: 

 On March 21, 2016, John Dakota Jackson (“Mr. Jackson” or “Petitioner”) filed a petition 

for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa10, et seq.,2

(the “Vaccine Act”). Petitioner alleged that he developed rheumatoid arthritis as a 

result of receiving a tetanus-diphtheria-acellular pertussis (“Tdap”). On January 3, 2017, the 

undersigned issued a decision awarding compensation to petitioner based on the parties’ 

stipulation agreement. (ECF No. 22).

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, 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

 On January 5, 2017, petitioner filed a motion for attorneys’ fees and costs. (ECF No. 28). 

Petitioner requests attorneys’ fees in the amount of $27,314.20 and attorneys’ costs in the 

amount of $2,918.55 for a total amount of $30,232.75. Id. In accordance with General Order #9, 

petitioner’s counsel represents that petitioner incurred no out-of-pocket expenses. 

On January 6, 2017, respondent filed a response stating respondent is satisfied the 

statutory requirement for an award of attorneys’ fees and costs are met in this case. (ECF No. 

29). 

The Vaccine Act permits an award of reasonable attorneys’ fees and costs. § 15(e). 

Based on the reasonableness of petitioner’s request and the lack of opposition from respondent, 

the undersigned GRANTS petitioner’s motion for attorneys’ fees and costs.

Accordingly, the undersigned awards the total of $30,232.753 as a lump sum in the 

form of a check jointly payable to petitioner and petitioner’s counsel, Edward M. Kraus.

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

IT IS SO ORDERED. 

s/Mindy Michaels Roth 

 Mindy Michaels Roth 

 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), entry of judgment can be expedited by the parties’ joint filing 

of notice renouncing the right to seek review.