IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

No. 11-463

Originally Filed: March 20, 2013

Re-issued: April 18, 20131

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

PRESTON NIGEL SANKER, by *

LESLIE SANKER, his mother and *

next friend, *

Petitioner, * Stipulation; DTaP; Hib; IPV; Rotarix; 

v. * Encephalopathy; Attorney Fees and Costs

*

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

Respondent. *

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

DECISION ON JOINT STIPULATION2

Vowell, Special Master:

On July 18, 2011, Leslie Sanker [“petitioner”] filed a petition, on behalf of the 

Estate of Preston Nigel Sanker, for compensation under the National Vaccine Injury 

Compensation Program.

3

 Petitioner alleges Preston suffered an encephalopathy and 

died as a result of the vaccinations he received on July 15, 2009.4 Stipulation at ¶¶ 2, 4. 

Respondent denies that Preston’s vaccinations caused him any injury and denies that 

his death is a result of vaccine-related injury. Stipulation at ¶ 6. Nevertheless, the 

parties have agreed to settle the case. 

 

1 Pursuant to a request by petitioner’s counsel, Ms. Elaine Sharp, my March 20, 2013 decision was 

vacated on April 18, 2013. Ms. Sharp inadvertently did not include all of her fees and costs in her motion 

for fees and costs, and thus they were not included on the stipulation of facts concerning attorney fees 

and costs filed by the parties on February 5, 2013 or awarded in my March 20, 2013 decision.

2

Because this unpublished decision contains a reasoned explanation for the action in this case, I intend 

to post this decision on the United States Court of Federal Claims' website, in accordance with the EGovernment Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 

U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and 

move to delete medical or other information, the disclosure of which would constitute an unwarranted 

invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will 

delete such material from public access.

3 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for 

ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 

300aa (2006).

4

Preston received four vaccines on July 15, 2009: diphtheria-tetanus-acellular pertussis [“DTaP”], 

haemophilus influenzae type B [“Hib”], inactivated polio [“IPV”], and Rotarix vaccine. See Stipulation, filed 

March 20, 2013, at ¶ 1.
2

The parties filed a joint stipulation on March 20, 2013, agreeing to settle this case 

and describing the settlement terms. Respondent agrees to pay petitioner a lump sum 

payment of $200,000.00 in the form of a check payable to petitioner, as legal 

representative of the Estate of Preston Nigel Sanker. The payment represents 

compensation for all damages that would be available under § 15(a). The special 

master adopts the parties’ stipulation attached hereto, and awards compensation 

in the amount and on the terms set forth therein.

On February 5, 2013, the parties filed a stipulation of facts concerning attorney 

fees and costs. It notes that after informal discussions of petitioner’s January 25, 2013 

motion for attorney fees and costs petitioner requests an amended amount, $26.772.45,

to which respondent has no objections. Pursuant to General Order #9, the stipulation

also indicates petitioner incurred no personal litigation costs.

A decision awarding compensation and attorney fees and costs, in the amounts 

stipulated to by the parties, was issued on March 20, 2013. On April 17, 2013, the 

parties filed a second stipulation of facts concerning attorney fees and costs. It 

indicates that in early April 2013 petitioner’s counsel informed respondent that some 

fees and costs were inadvertently omitted from her January 25, 2013 motion. After 

informal discussions and review of petitioner’s new invoices, the parties have agreed to 

increase the attorney fees and cost award to $32,409.15. 

I find that this petition was brought in good faith and that there existed a 

reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, 

pursuant to §§ 15(b) and (e)(1). Further, the proposed amount seems reasonable and 

appropriate. Accordingly, I hereby award the total $32,409.155in the form of a 

check payable jointly to petitioner and petitioner’s counsel of record, Elaine 

Whitfield Sharp, for petitioner’s attorney fees and costs. 

The clerk of the court shall enter judgment in accordance herewith.6

IT IS SO ORDERED.

s/ Denise K. Vowell 

Denise K. Vowell

Special Master

 

5 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all 

charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered. 

Furthermore, § 15(e)(3) prevents an attorney from charging or collecting fees (including costs) that would 

be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS, 924 F.2d 1029 (Fed. 

Cir.1991).

6 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review. 

See Vaccine Rule 11(a).