1

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14-684V

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* * * * * * * * * * * * * * * * UNPUBLISHED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, *

 *

Petitioners, *

 * 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 COSTS1

On July 31, 2015, Darren Rose and Heejin “Jinny” Rose (“petitioners”) 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). Petitioners alleged that as a result of receiving

an 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 trade 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 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 Act). All citations in this 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’ stipulation filed that same day. Judgment was entered 

May 5, 2015. 

On September 14, 2015, the parties filed a Stipulation of Fact 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. 42 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 $13,300.00 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. 

The clerk of the court 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.