# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

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

AMY BISHOP and *

JONATHAN TYLER BISHOP, as the * No. 12

- 219V

Parents and Natural Guardians of * Special Master Christian J. Moran

R.B. , an Infant, *

* Filed: March 14, 2 0 14

Petitioners, * Reissued as redacted: April 16 , 2014

v. *

* Attorneys’ fees and costs; award

SECRETARY OF HEALTH * in the amount to which

AND HUMAN SERVICES, * respondent does not object.

*

Respondent. *

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

Mark T. Sadaka , Englewood, NJ, for Petitioner;

Voris Edward Johnson , U.S. Department of Justice, Washington, D.C., for Respondent.

UNPUBLISHED DECISION ON FEES AND COSTS 1

On March 13, 2014, respondent filed a stipulation of fact concerning final

attorney’s fees and costs in the above

- captioned matter. Previously, petitioner s informally submitted a draft application for attorneys’ fees and costs to respondent for

revie w. Upon review o f petitioner’ s application, respondent raised objections to certain

items. Based on subsequent discussions, petitioner s amended their application to request

$28,500.00 , an amount to which respondent does not object. The Court awards this

amount.

On April 4, 2012, Amy Bishop and Jonathan Tyler Bishop filed a petition for

compensation , on behalf of their son, R.B.

, alleging that the diphtheria

- tetanus

- acellular

pertussis (“DTaP”) and haemophilus influenza type B (“Hib ”), which R.B. received on

July 16, 2010, caused him to suffer opsoclonus

- myoclonus syndrome (“OMS”).

Petitioner s received compensation based upon the parties’ stipulation. Decision , filed

1 When this decision was originally issued, the parties were notified that the decision

would be posted in accordance with the E

- Government Act of 2002, Pub. L. No. 107

- 347, § 205,

116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). Petitioner s were

also notified that they could seek redaction pursuant to § 300aa

- 12(d)(4)(B); Vaccine Rule 18(b).

Petitioner s made a timely request for redaction and this decision is being reissued with the name

of the vacinee redacted to h is initials.2

Sep. 20, 2013 . Because petitioner s receiv ed compensation, they are entitled to an award

of attorneys’ fees and costs. 42 U.S.C. § 300aa

- 15(e).

Petitioner s seek a total of $28,500.00 in attorneys’ fees and costs for their counsel.

Additionally, in compliance with General Order No. 9, petition er s state that they incurred

no out

- of

- pocket litigation expenses while pursuing this claim. Respondent has no

objection to the amount requested for attorneys’ fees and costs.

After reviewing the request, the Court awards the following:

A lump sum of $28,500.00 in the form of a check made payable to petitioner s

and petitioners ’ attorney, Mark T. Sadaka of the law firm of Sadaka

Associates LLC , for attorneys’ fees and other litigation costs available under

42 U.S.C. § 300aa

- 15(e).

The Court thanks the parties for their cooperative efforts in resolving this matter.

The Clerk shall enter judgment accordingly. 2

Any questions may be directed to my law clerk, Mary Holmes, at (202) 357

- 6353.

IT IS SO ORDERED.

s/Christian J. Moran

Christian J. Moran

Special Master

2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each

party filing a notice renouncing the right to seek review by a United States Court of Federal

Claims judge.