# 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 of * No. 09

- 684 V

C

. D

. , 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 October 9, 2009

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

, as the parents and natural guardians of C.D., 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 and PedvaxHIB, 5 that C.D. received on October 18,

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 for Disease Control & Prevention,

12006, caused her to suffer and continue to suffer from “vaccine induced encephalopathy w ith

seizures and loss of muscle control, which were either ‘caused

- in

- fact’ by the above

- stated
vaccinations, or, in the alternative, significantly aggravated by the above

- stated vaccinations.”

Petition at 1. On March 7, 2014

, the undersigned entered a d ecision 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 $22,650.64

. In accordance wi th General Order #9, petitioner s ’
counsel rep resents that petitioner s did not personally incur any reimbursable costs in 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 and to Mark T. Sadaka, Esq., of the

Law Offices of Sadaka Associates, LLC, in the amount of $ 22,650.64

.

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. 6

IT IS SO ORDERED.

s/Nora Beth Dorsey
Nora Beth Dorsey
Special Master

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 cord), 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://www. cd c.gov/Vaccines/vpd

- vac/hib/default.htm

.

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

2