VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00900
Package ID: USCOURTS-cofc-1_11-vv-00900
Petitioner: Catherine Bratt
Filed: 2011-12-27
Decided: 2016-02-23
Vaccine: influenza
Vaccination date: 2009-01-02
Condition: Chronic Inflammatory Demyelinating Polyneuropathy
Outcome: compensated
Award amount USD: 278007

AI-assisted case summary:
Virginia Versland filed a petition on December 27, 2011, on behalf of Catherine Bratt, alleging that an influenza vaccination Catherine Bratt received on January 2, 2009 caused her to develop chronic inflammatory demyelinating polyneuropathy (CIDP). Catherine Bratt was subsequently substituted as petitioner in April 2013.

On June 11, 2014, the parties filed a stipulation for interim attorneys' fees and costs. Special Master Gowen found that petitioner was entitled to an interim award under the unique facts and circumstances of the case, and awarded $71,127.43 for fees and costs incurred through May 29, 2014, payable jointly to petitioner and her counsel, Mark T. Sadaka of Sadaka Associates LLC. Petitioner had not personally incurred any costs in pursuit of the claim.

Respondent denied that the influenza vaccination caused petitioner's CIDP or any other injury. Nonetheless, both parties agreed in a stipulation filed February 1, 2016 to settle the case. Special Master Gowen found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received: a lump sum of $278,007.71, representing first-year life care expenses ($58,007.71) and pain and suffering and past unreimbursable expenses ($220,000.00), payable to petitioner; and an amount sufficient to purchase an annuity contract providing future life care payments. These amounts represent all damages available under 42 U.S.C. § 300aa-15(a).

Theory of causation field:
Flu Jan 2, 2009 → CIDP. Virginia Versland originally filed Dec 27, 2011; Catherine Bratt substituted Apr 2013. Interim fees $71,127.43 Jun 11, 2014 (Sadaka Associates, Englewood NJ); SM Gowen. Damages stip Feb 1, 2016; respondent denied causation; SM Gowen. $278,007.71 lump (year-1 life care $58,007.71 + P&S/past unreimbursable $220,000) + annuity. All DB fields correct.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_11-vv-00900-0
Date issued/filed: 2014-07-03
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 6/12/2014) regarding 73 DECISION Interim Fees Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:11-vv-00900-UNJ Document 77 Filed 07/03/14 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 11-900
Filed: June 12, 2014
* * * * * * * * * * * * * *
CATHERINE BRATT, * UNPUBLISHED
*
Petitioner, *
* Special Master Gowen
v. *
* Interim Attorneys’ Fees and Costs;
SECRETARY OF HEALTH * Reasonable Amount Requested to which
AND HUMAN SERVICES, * Respondent Does not Object.
*
Respondent. *
*
* * * * * * * * * * * * *
Mark T. Sadaka, Sadaka Associates LLC, Englewood, NJ, for petitioner.
Tara Kilfoyle, United States Department of Justice, Washington, DC, for respondent.
INTERIM ATTORNEYS’ FEES AND COSTS DECISION1
On December 27, 2011, Virginia Versland filed a petition on behalf of Catherine Bratt
(“petitioner”)2 pursuant to the National Vaccine Injury Compensation Program.3 42 U.S.C. §§
300aa-1 to -34 (2006). The petition alleged that Ms. Bratt received an influenza vaccination on
January 2, 2009 which caused her to suffer from chronic inflammatory demyelinating
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, Pub. 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 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). Otherwise, the entire decision will be available to the
public. Id.
2 Catherine Bratt was later substituted for Virginia Versland as petitioner, and the caption was
amended accordingly. See Order, dated April 16, 2013, at 1.
3 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.
1

Case 1:11-vv-00900-UNJ Document 77 Filed 07/03/14 Page 2 of 3
polyneuropathy. Petition at 1.
On June 11, 2014, the parties filed a Stipulation of Fact Concerning Interim Attorneys’
Fees and Costs (“stipulation”). According to the stipulation, respondent does not object to an
award to petitioner of attorney’s fees and costs in the amount of $71,127.43, for attorneys’ fees
and costs incurred through May 29, 2014.4 In accordance with General Order #9, petitioner’s
counsel represents that petitioner did not incur any costs in pursuit of this claim.
The undersigned finds that petitioner is entitled to an award of interim attorneys’ fees and
costs under the unique facts and circumstances of this case. See Butler v. Sec’y of Health &
Human Servs., No. 02-1051, 2012 WL 4458203 (Fed. Cl. Spec. Mstr. June 25, 2012) (awarding
interim attorneys’ fees and costs over respondent’s objection); Shaw v. Sec’y of Health &
Human Servs., 609 F.3d 1372, 1375 (Fed. Cr. 2010) (holding that “[w]here the claimant
establishes that the cost of litigation has imposed an undue hardship and that there exists a good
faith basis for the claim, it is proper for the special master to award interim attorneys’ fees”);
Avera v. Sec’y of Health & Human Servs., 515 F.3d 1343, 1352 (Fed. Cir. 2008). The
undersigned finds that paragraphs 5 and 6 of the stipulation are reasonable and adopts them as
the decision of the Court in awarding interim attorneys’ fees and costs, on the terms set forth
therein.
Accordingly, an award should be made as follows:
in the form of a check jointly payable to petitioner and Mark T. Sadaka, of the law
firm of Sadaka Associates LLC, in the amount of $71,127.43.
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.5
4 Respondent maintains that “[t]he express language of Section 15(e)(1) of the Act confers
authority upon the Special Master (or the Court of Federal Claims) to award attorneys’ fees and
costs either (1) ‘as part of such compensation’ when ‘awarding compensation on a petition,’ or
(2) after entry of judgment ‘if the judgment of the United States Court of Federal Claims on such
a petition does not award compensation.’ 42 U.S.C. § 300aa-15(e)(1). Section 15€(1) does not,
however, authorize the interim attorneys’ fees and costs requested here, since neither of those
conditions are met. Nevertheless, respondent is aware that Special Masters have previously
rejected respondent’s position with respect to Section 15(e)(1). See Bear v. Sec’y of HHS, No.
11-362V, 2013 WL 691963 at *3-5 (Fed. Cl. Spec. Mstr. Feb. 4, 2013); Whitener v. Sec’y of
HHS, No. 06-477V, 2011 WL 1467919, at *2-4 (Fed. Cl. Spec. Mstr. Mar. 25, 2011). Taking
into consideration the circumstances presented in this case, respondent elects not to raise her
statutory objection at this time in response to this particular request for interim attorneys’ fees
and costs.” Stipulation at 1 n. 1.
5 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

Case 1:11-vv-00900-UNJ Document 77 Filed 07/03/14 Page 3 of 3
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
3

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DOCUMENT 2: USCOURTS-cofc-1_11-vv-00900-1
Date issued/filed: 2016-02-23
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 02/02/2016) regarding 100 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:11-vv-00900-UNJ Document 101 Filed 02/23/16 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 11-900V
Filed: February 2, 2016
* * * * * * * * * * * * * * * * UNPUBLISHED
CATHERINE BRATT, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Chronic Inflammatory
SECRETARY OF HEALTH * Demyelinating Polyneuropathy.
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Mark T. Sadaka, Mark T. Sadaka, LLC, Englewood, NJ, for petitioner.
Michael P. Milmoe, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On December 27, 2011, Catherine Bratt (“petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2012). Petitioner
alleged that as a result of receiving an influenza (“flu”) vaccination on January 2, 2009, she
suffered Chronic Inflammatory Demyelinating Polyneuropathy (“CIDP”). Stipulation ¶ 2, 4, filed
Feb. 1, 2016.
On February 1, 2016, the parties filed a stipulation in which they state that a decision should
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, 44 U.S.C. § 3501 note (2012) (Federal
Management and Promotion of Electronic Government Services). 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 (2012) (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.
1

Case 1:11-vv-00900-UNJ Document 101 Filed 02/23/16 Page 2 of 9
be entered awarding compensation. Respondent denies that the flu vaccination caused petitioner’s
CIDP or any other injury. Id. at ¶ 6. Nevertheless, the parties agree to the joint stipulation, attached
hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the
decision of the Court in awarding damages, on the terms set forth therein.
The parties stipulate that petitioner shall receive the following compensation:
1) A lump sum of $278,007.71, in the form of a check payable to petitioner, Catherine
Bratt, which represents compensation for first year life care expenses
($58,007.71), and pain and suffering and past unreimburseable expenses
combined ($220,000.00); and
2) An amount sufficient to purchase an annuity contract to provide the benefits
described in paragraph 10 of the Stipulation, to be paid to a life insurance
company meeting the criteria described in paragraph 9.
These amounts represent compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a). Id. at ¶ 8.
The undersigned approves the requested amounts for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
The clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of
the parties’ stipulation.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.
2

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