# In the United States Court of Federal Claims

OFFICE OF SPECIAL MA STERS

Filed: June 27 , 2014

* * * * * * * * * * * * * * MELISSA DAVIS and CECIL DAVIS, SR., * UN PUBLISHED

as the Parents and Natural Guardians * No. 10

- 615 V

of C

. D

. J

. , an Infant, *

*

Petitioner s
, *

* Special Master Dorsey

v. *

* Attorneys’ Fees and Costs;

SECRETARY OF HEALTH * Reasonable Amount Requested to which
AND HUMAN SERVICES, * Respondent Does not Object

. * Respondent. *

*

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

Mark T. Sadaka

, Law Offices of Sadaka Associates, LLC, Englewood, NJ , for petitioner s

. Justine E. Daigneault , United States Department of Justice, Washington, DC, for respondent.

ATTORNEYS ’ FEES AND COSTS DECISION 1

On September 14, 2010

, Melissa Davis and Cecil Davis, Sr. ( “ petitioner s ” )

, as the parents and natural guardians of C.D. J. , an infant, filed a petition pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. §§ 300aa

- 1 to

- 34 (2006). Petitioner s alleged that n umerous vaccinations, including Pediarix, 3 Prevnar, 4 PedvaxHIB, 5 and RotaTeq 6 that C.D. J. received on

1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the undersigned intends to post this decision on the website of the United States Court of Federal

Claims , in accordance with the E

- Government Act of 2002, Pu b. L. No. 107

- 347, 116 Stat. 2899, 2913 (Dec. 17, 2002). As provided by Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or

commercial or financial in sub stance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” V accine Rule 18(b). Otherwise, the entire decision will be available to th e public. Id.

2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa

- 1 to

- 34 (2006) (Vaccine Act or the A ct). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.

3 Pediatrix consists of diphtheria

- tetanus

- acellular

- pe r tussis (“DTaP”), hepatitis B, and inactivated polio virus (“IPV”) vaccines. See Centers f or Disease Control & Prevention,

1September 26, 2007

, caused him to suffer from epileptic seizures and hypotonia. 7 Petition at 1.

On February 19 , 2014

, the undersigned entered a decision dismissing the case for failure to make a prima facie case

.

O n June 27 , 2014

, the parties filed a Stipulation of Fact s Concerning Attorney s ’ Fees and

Costs. According to the stipulation, the parties stipulate to an award to petitioner s of atto rney s ’

fees and costs in the amount of $31,111.03

. In accordance wi th General Order #9, petitioner s ’ counsel rep resents that petitioner s did not personally incur any reimbursable costs i n pursuit of

t he i r claim

.

The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. §

300 aa

- 15(e). Based on t he reasonableness of the parties’ stipulation , the undersigned GRANTS the request for approval and payment of attorneys’ fees and costs.

Accordingly, an award should be made as follows:

in the form of a check jointly payable to petitioner s and to Mark T. Sadaka, Esq., of the Law Offices of Sadaka Associates, LLC, in the amount of $ 31,111.03

.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of

the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation. 8

Pedia rix Vaccine: Questions and Answers

, http://www. cd c.gov/vaccines/vpd

- vac/combo

vaccines/pediarix/faqs

- hcp

- pediarix.htm

.

4 Prevnar 13 is a pneumococcal conjugate vaccine, also known as PCV 13. See Centers for

Disease Control & Prevention, Pneumococcal Vaccination

, available at http://www. cd c.gov/VACCINES/vpd

- vac/pneumo/default.htm

.

5 Ped vaxHIB is a Haemophilus infl u enzae type b vaccine which prevents meningitis (an infection of the covering of the brain and spinal co rd), pneumonia (lung infection), epiglottitis (a severe throat infection), and other serious infections caused by a type of bacteria called Haemophilus influenza type b. See Centers for Disease Control & Prevention, Hib Vaccination

, available at http://w ww. cd c.gov/Vaccines/vpd

- vac/hib/default.htm

.

6 RotaTeq is a vaccine used to prevent severe rotavirus disease in infants and children. See Centers for Disease Control & Prevention, Statement Regarding Rotarix and RotaTeq Rotavirus Vaccines and Intussusception, http://www.cdc.gov/vaccines/vpd

- vac/rotavirus/intussusception

studies

- acip.htm.

7 Hypotonia is “a condition of diminished tone of the skeletal muscles, so that they have diminished resistance to passive stretchin g and are flaccid.” Dorland’s Illustrated Medical Dictionary (32d ed. 2012) at 907.

2IT IS SO ORDERED.

s/Nora Beth Dorsey Nora Beth Dorsey Special Master

8 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review.

3