GERVASI v. SECRETARY OF HEALTH AND HUMAN SERVICES

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-791V
ERIC GERVASI,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Chief Special Master Corcoran
Filed: December 5, 2025
Jonathan J. Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner.
Katherine Edwards, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON ATTORNEY’S FEES AND COSTS1
On May 22, 2024, Eric Gervasi 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 	he 	suffered 	a 	shoulder 	injury 	related 	to 	vaccine
administration after receiving an influenza vaccination on October 27, 2022. Petition, ECF
No. 1. On September 3, 2025, I issued a decision awarding compensation to Petitioner
based on the Respondent’s proffer. ECF No. 27.
1
Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at
https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of
2002. 44 U.S.C. § 3501 note (2018) (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
inf ormation, 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 f rom public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all section ref erences to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2018).
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2
Petitioner has now filed a motion for attorney’s fees and costs, requesting an award
of $41,760.78 (representing $39,348.20 in fees plus $2,412.58 in costs). Application for
Attorneys’ 	Fees 	and 	Costs 	(“Motion”) 	filed 	September 	16, 	2025, 	ECF 	No. 	32.
Furthermore, counsel for Petitioner indicated that no personal out-of-pocket expenses
were incurred. ECF No. 32 at 2.
Respondent reacted to the motion on September 29, 2025, indicating that he is
satisfied the statutory requirements for an award of attorneys’ fees and costs are met in
this case but deferring resolution of the amount to be awarded to my discretion. Motion
at 2-5, ECF No. 33. Petitioner filed no 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. Furthermore, Petitioner has provided supporting documentation for all
claimed costs. ECF No. 32-4. Respondent offered no specific objection to the rates or
amounts sought. I find the requested costs reasonable and hereby award them in full.
The Vaccine Act permits an award of reasonable attorney’s fees and costs for
successful claimants. Section 15(e). Accordingly, I hereby GRANT Petitioner’s Motion for
attorney’s fees and costs. Petitioner is awarded attorneys’ fees and costs in the total
amount of $41,760.78 (representing $39,348.20 in fees plus $2,412.58 in costs) to
be paid through an ACH deposit to Petitioner’s 	counsel’s 	IOLTA account 	for
prompt disbursement. In the absence of a timely-filed motion for review (see Appendix
B to the Rules of the Court), the Clerk of Court shall enter judgment in accordance with
this decision.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by f iling a joint notice
renouncing their right to seek review.
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