1



# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14

- 684 V

Filed: September 16 , 2015

* * * * * * * * * * * * * * * * UNPUBLISHED

DARREN ROSE and *

HEEJIN JINNY ROSE, as the parents and * Special Master Gowen

natural guardians of K.R., a minor

, *

*

Petitioner s

, *

* Stipulation;

v. * Attorneys’ Fees and Costs

*

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

*

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

Mark T. Sadaka

, Mark T. Sadaka, LLC, Englewood

, NJ

, for petitioner

. Lara Ann Englund

, United States Department of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEYS’ FEES AND COSTS 1

On July 31 , 2015

, Darren Rose and Heejin “Jinny” Rose (“ petitioner s ”) filed a petition on

behalf of K.R., their minor child, pursuant to the National Vaccine Injury Compensation

Program

. 2 42 U .S.C. §§ 300aa

- 1 to

- 34 (2006). Petitioner s alleged that as a result of receiving

a n influenza (“flu”) vaccine on August 11, 2011

, K.R. developed chronic urticaria

. Petition at

Preamble

. Further, petitioners alleged that K.R. experienced residual effects of his injury for

1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,

the undersigned intends to post this ruling on the website of the United States Court of Federal

Claims, 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)). 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 tra de secret or commercial or financial in substance 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.” Vaccine Rule 18(b).

2 The Natio nal 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 Act). All citations in thi s decision to

individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.2

more than six months. Id. at ¶ 4. A Decision was issued on April 30, 2015, awarding

compensation pursuant to the parties’ sti pulation filed that same day. Judgment was entered

May 5, 2015.

On September 14, 2015, the parties filed a Stipulation of F act concerning attorneys’ fees

and costs. Petitioner requests a total award of final attorneys’ fees and costs of $14,813.14 be

issued. Stip. of Fact ¶ 5. Pursuant to General Order #9, petitioner’s counsel also represented that

petitioner incurred $1,513,14 in reimbursable out

- of

- pocket expenses in this matter. Id. at ¶ 4.

The parties’ stipulation indicates that respondent does not object to the amended amount of

$ 13,300.00 in attorneys’ fees and costs and petitioner’s costs of $1,513.14 that petitioner is

requesting for attorneys’ fees and costs.

The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 4 2 U.S.C. § 300

aa

- 15(e). Based on the reasonableness of the parties’ stipulation, the undersigned GRANTS the

request for approval and payment of attorneys’ fees and costs.

Accordingly, I hereby award the total $14,813.14 as follows:

(1) A lump sum of $13,30 0.00 in the form of a check payable jointly to petitioners and

petitioner’s counsel of record, Mark T. Sadaka, for petitioners’ attorneys’ fees and

costs; and

(2) A lump sum of $1,513.14 in the form of a check jointly payable to petitioners,

Darren Rose and Heejin “Jinny” Rose, for personal litigation costs.

T he clerk of the cour t shall enter judgment in accordance herewith

. 3

IT IS SO ORDERED.

s/ Thomas L. Gowen

Thomas L. Gowen

Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of

notice renouncing the right to seek review.