VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_10-vv-00175
Package ID: USCOURTS-cofc-1_10-vv-00175
Petitioner: Teri Collins, as the Proposed Administrator of the Estate of Amber Kauffman
Filed: 2010-02-07
Decided: 2014-02-07
Vaccine: HPV
Vaccination date: 2007-10-09
Condition: death
Outcome: compensated
Award amount USD: 77175

AI-assisted case summary:
Teri Collins, as the proposed administrator of her deceased daughter Amber Kauffman's estate, filed a petition for compensation. Amber Kauffman received the human papillomavirus (HPV) vaccine on October 9, 2007, and March 31, 2008. She died on April 7, 2008, and the petition alleged that the HPV vaccine caused her death. Following a hearing, the Special Master denied the claim for compensation on November 8, 2013. However, the petitioner was awarded attorneys' fees and costs totaling $77,175.09 because the petition was filed in good faith and had a reasonable basis. Respondent did not object to this amount. The decision was filed on February 7, 2014.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_10-vv-00175-0
Date issued/filed: 2014-03-04
Pages: 2
Docket text: PUBLIC DECISION Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:10-vv-00175-UNJ Document 92 Filed 03/04/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * *
TERI COLLINS, * No. 10-175V
As the Proposed Administrator of the * Special Master Christian J. Moran
Estate of her deceased daughter, *
AMBER KAUFFMAN, * Filed: February 7, 2014
*
Petitioner, *
*
v. * Attorneys’ fees and costs; award
* in the amount to which
SECRETARY OF HEALTH * respondent does not object.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * *
Mark T. Sadaka, Mark T. Sadaka, MSPH, Esq., Englewood, NJ, for petitioner.
Darryl R. Wishard, United States Department of Justice, for respondent.
UNPUBLISHED DECISION*
On January 31, 2014, petitioner filed a stipulation of fact concerning final
attorney’s fees and costs in the above-captioned matter. Previously, petitioner
informally submitted a draft application for attorneys’ fees and costs to respondent for
review. Upon review of petitioner’s application, respondent raised objections to
certain items. Based on subsequent discussions, petitioner amended his application to
request $77,175.09, an amount to which respondent does not object. The Court
awards this amount.
On March 24, 2010, Teri Collins filed a petition for compensation on behalf of
her deceased daughter, Amber Kauffman, alleging that the human papillomavirus
(“HPV”) vaccine, which Amber received on October 9, 2007 and March 31, 2008,
caused her death on April 7, 2008. At the completion of a hearing held in
* The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:10-vv-00175-UNJ Document 92 Filed 03/04/14 Page 2 of 2
Washington, DC, on November 6-7, 2013, petitioner’s claim for compensation was
denied. Decision, filed Nov. 8, 2013.
Even though compensation was denied, a petitioner who brings her petition in
good faith and who has a reasonable basis for the petition may be awarded attorneys’
fees and costs. See 42 U.S.C. § 300aa–15(e)(1). Here, in addition to her petition,
medical records and affidavits, Ms. Collins provided multiple reports from experts
opining on her case. These reports were discussed at length during a two-day hearing
before the undersigned in November 2013. Thus, because petitioner’s counsel acted in
good faith and there was a reasonable basis for proceeding, petitioner is eligible for an
award of attorneys’ fees and costs. Respondent does not contend that petitioner failed
to satisfy these criteria.
Petitioner seeks a total of $76,000.00 in attorneys’ fees and costs for her
counsel. Additionally, in compliance with General Order No. 9, petitioner states that
she incurred $1,175.09 in 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. A lump sum of $76,000.00 in the form of a check made payable to
petitioner and petitioner’s attorney, Mark T. Sadaka of Sadaka
Associates, LLC, for attorneys’ fees and other litigation costs available
under 42 U.S.C. § 300aa-15(e).
B. A lump sum payment of $1,175.09 in the form of a check payable to
petitioner, Teri Collins.
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.
2