In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 16-609V 

Filed: May 2, 2017 

UNPUBLISHED 

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

KATHLEEN NOLAN, * 

 * 

 Petitioner, * 

v. * 

 * Attorneys’ Fees and Costs; 

SECRETARY OF HEALTH * Special Processing Unit (“SPU”) 

AND HUMAN SERVICES, * 

 * 

 Respondent. * 

 * 

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

John DeFazio, Viola Cummings and Lindsay, LLP, for petitioner. 

Gordon Shemin, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION ON ATTORNEYS’ FEES AND COSTS1

Dorsey, Chief Special Master: 

 

 On May 24, 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 alleged that she suffered a shoulder injury related to vaccine 

administration (“SIRVA”) following a September 16, 2013 influenza (“flu”) vaccine. On 

December 21, 2016, the undersigned issued a decision awarding compensation to 

petitioner based on respondent’s proffer. (ECF No. 20). 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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 March 30, 2017, petitioner filed an unopposed motion for attorneys’ fees and 

costs. (ECF No. 23).3 Petitioner requests attorneys’ fees in the amount of $17,370.00 

and attorneys’ costs in the amount of $415.75 for a total amount of $17,785.75. Id. at 

23-2 p. 1.4 In compliance with General Order #9, petitioner has filed a signed statement 

indicating petitioner incurred no out-of-pocket expenses. 

 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 $17,785.755 as a lump 

sum in the form of a check jointly payable to petitioner and petitioner’s counsel 

John L. Defazio. 

 The clerk of the court shall enter judgment in accordance herewith.6

IT IS SO ORDERED. 

s/Nora Beth Dorsey 

 Nora Beth Dorsey 

 Chief Special Master 

 

3 The motion was not filed as an Unopposed Motion, however respondent did not submit a response. 

Further, in the motion, petitioner states that “Respondent’s lack of objection to the amount sought in this 

ase [sic] should not be considered as admission, concession, or waiver as to the hourly rates requested, 

the number of hours billed, or the other litigation related costs.” (ECF No. 23 at 3.) 

 

4 In light of all the facts and circumstances of this case, particularly including the history of expedited 

resolution within the Special Processing Unit, the undersigned finds upon review of the submitted billing 

records and based on the undersigned’s experience evaluating fee applications in similar Vaccine Act 

claims that the overall amount sought for attorneys’ fees and costs is reasonable. The undersigned does 

caution that billing records reflecting background research, such as review of vaccine injury law, 

regulations and requirements (see ECF No. 23-2 at 5) will not be paid in future fee applications, absent 

extraordinary circumstances. 

5 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). 

6 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.