VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00144
Package ID: USCOURTS-cofc-1_12-vv-00144
Petitioner: K.G.
Filed: 2012-03-02
Decided: 2014-03-11
Vaccine: influenza
Vaccination date: 2009-10-14
Condition: narcolepsy
Outcome: compensated
Award amount USD: 170627

AI-assisted case summary:
On March 2, 2012, Charmaine Graham and Brandon Graham filed a petition on behalf of their infant son, K.G., alleging that an influenza vaccine administered on October 14, 2009, caused K.G. to suffer narcolepsy with residual effects lasting more than six months. The petition stated that there had been no prior civil award or settlement for K.G.'s condition. The respondent denied that K.G.'s narcolepsy or any other injuries were caused-in-fact by the influenza vaccination, denied that his current disabilities were sequelae of the alleged injury, and denied that he experienced residual effects for more than six months. Despite these denials, the parties reached a joint stipulation to resolve the claim. On March 11, 2014, Special Master Christian J. Moran found the stipulation reasonable and adopted it as the court's damages decision. The award totaled $170,627.72, consisting of $28,186.41 payable jointly to petitioners and the Commonwealth of Virginia Department of Medical Assistance Services to satisfy a Medicaid lien, and $142,441.31 payable to petitioners as guardians or conservators of K.G.'s estate for all remaining Vaccine Act damages. A separate decision on October 3, 2014, awarded attorneys' fees and costs totaling $22,018.05, payable to petitioners and their attorney, Mark T. Sadaka, as a lump sum.

Theory of causation field:
Petitioners Charmaine and Brandon Graham filed on March 2, 2012, on behalf of their infant son K.G., alleging that an influenza vaccine administered on October 14, 2009, caused narcolepsy with residual effects lasting more than six months. The case was resolved by joint stipulation rather than a reasoned causation ruling. Respondent denied that the influenza vaccination caused K.G.'s narcolepsy or any other injury, denied that his disabilities were sequelae of the alleged injury, and denied that he experienced residual effects for more than six months. Special Master Christian J. Moran adopted the stipulation as the court's damages decision on March 11, 2014. The total award was $170,627.72, comprising $28,186.41 for a Virginia Medicaid lien and $142,441.31 for remaining damages payable to K.G.'s estate. A subsequent decision on October 3, 2014, awarded $22,018.05 in attorneys' fees and costs to petitioners and their counsel, Mark T. Sadaka. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_12-vv-00144-0
Date issued/filed: 2014-03-31
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 03/11/2014) regarding 52 DECISION of Special Master Signed by Special Master Christian J. Moran. (tpj) Copy to parties. (Main Document 55 replaced on 4/2/2014) (tjk).
--------------------------------------------------------------------------------
Case 1:12-vv-00144-UNJ Document 55 Filed 03/31/14 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * *
CHARMAINE GRAHAM and * No. 12-144V
BRANDON GRAHAM, as the * Special Master Christian J. Moran
Parents and Natural Guardians of *
K.G., an Infant, *
*
Petitioners, * Filed: March 11, 2014
* Reissued as Redacted: March 31, 2014
v. *
*
SECRETARY OF HEALTH * Stipulation; influenza vaccine;
AND HUMAN SERVICES, * narcolepsy.
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * *
Mark T. Sadaka, Englewood, NJ, for Petitioner;
Heather L. Pearlman, U.S. Department of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On March 7, 2014, respondent filed a joint stipulation concerning the
petition for compensation filed by Charmaine and Brandon Graham on behalf of
their son, K.G., on March 2, 2012. In their petition, the Grahams alleged that the
influenza vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42
C.F.R. §100.3(a), and which K.G. received on October 14, 2009, caused him to
suffer narcolepsy. Petitioners further allege that K.G. suffered the residual effects
of his injury for more than six months. Petitioners represents that there has been
no prior award or settlement of a civil action for damages on K.G.’s behalf as a
result of his condition.
1 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 1:12-vv-00144-UNJ Document 55 Filed 03/31/14 Page 2 of 9
Respondent denies that K.G.'s narcolepsy or any other injuries were caused-
in-fact by his October 14, 2009, influenza vaccination; denies that his current
disabilities are sequelae of his alleged injury; and denies that he experienced the
residual effects of this injury for more than six months.
Nevertheless, the parties agree to the joint stipulation, attached hereto as
“Appendix A.” The undersigned finds said stipulation reasonable and adopts it as
the decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
a. a lump sum payment of $28,186.41, representing compensation for
satisfaction of the Commonwealth of Virginia Medicaid lien, in the
form of a check payable jointly to petitioners and:
Commonwealth of Virginia
Department of Medical Assistance Services
Accounts Receivable Units TPLC, 8th Floor
600 East Broad Street
Richmond, VA23219.
Petitioners agree to endorse this payment to the Commonwealth of
Virginia, Department of Medical Assistance Services; and
b. a lump sum of $142,441.31, in the form of a check payable to
petitioners, Charmaine and Brandon Graham, as
guardians/conservators of K.G.'s estate. 42 U.S.C. § 300aa-
15(a)(l)(B). This amount represents compensation for all remaining
damages that would be availableunder42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 12-144V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6353.
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

Case 1:12-vv-00144-UNJ Document 55 Filed 03/31/14 Page 3 of 9
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
3

CCCaaassseee 1 11:1::11222---vvvvvv---000000111444444---UUUNNNJJJ D DDooocccuuummmeeennnt tt5 55355 F FFiliielleeddd 0 00333/2//33511/1//11444 P PPaaagggeee 8 44 o oof ff1 993

CCCaaassseee 1 11:1::11222---vvvvvv---000000111444444---UUUNNNJJJ D DDooocccuuummmeeennnt tt5 55355 F FFiliielleeddd 0 00333/2//33511/1//11444 P PPaaagggeee 9 55 o oof ff1 993

CCCaaasessee 1 11:1::11222-v--vvv-vv0--00000111444444-U--UUNNNJ JJ D DDooocuccuummmeeennnt 5tt 55355 F FFileiilleeddd 0 00333/2//33511/1//11444 P PPaaagggeee 1 660 ooofff 9913

CCCaaasessee 1 11:1::11222-v--vvv-vv0--00000111444444-U--UUNNNJ JJ D DDooocuccuummmeeennnt 5tt 55355 F FFileiilleeddd 0 00333/2//33511/1//11444 P PPaaagggeee 1 771 ooofff 9913

CCCaaasessee 1 11:1::11222-v--vvv-vv0--00000111444444-U--UUNNNJ JJ D DDooocuccuummmeeennnt 5tt 55355 F FFileiilleeddd 0 00333/2//33511/1//11444 P PPaaagggeee 1 882 ooofff 9913

CCCaaasessee 1 11:1::11222-v--vvv-vv0--00000111444444-U--UUNNNJ JJ D DDooocuccuummmeeennnt 5tt 55355 F FFileiilleeddd 0 00333/2//33511/1//11444 P PPaaagggeee 1 993 ooofff 9913

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_12-vv-00144-1
Date issued/filed: 2014-10-28
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/03/2014) regarding 59 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:12-vv-00144-UNJ Document 62 Filed 10/28/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * *
CHARMAINE GRAHAM and * No. 12-144V
BRANDON GRAHAM, as the * Special Master Christian J. Moran
Parents and Natural Guardians of *
K.G., an Infant, *
*
Petitioners, * Filed: October 3, 2014
*
v. *
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which
* respondent does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Mark T. Sadaka, Englewood, NJ, for Petitioners;
Heather L. Pearlman, U.S. Department of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On September 25, 2014, respondent filed a stipulation of fact concerning
final attorneys’ fees and costs in the above-captioned matter. Previously,
petitioners informally submitted a draft application for attorneys’ fees and costs to
respondent for review. Upon review of petitioners’ application, respondent raised
objections to certain items. Based on subsequent discussions, petitioners amended
their application to request $22,018.05, an amount to which respondent does not
object. The Court awards this amount.
1 When the undersigned’s March 11, 2014 decision issued, the parties were notified that
the decision would be posted 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)).
Petitioners were also notified that they could seek redaction pursuant to § 300aa-12(d)(4)(B);
Vaccine Rule 18(b). Petitioners made a timely request for redaction and that decision reissued
with the name of the vacinee redacted to initials. For this reason, this present decision has been
redacted as well.

Case 1:12-vv-00144-UNJ Document 62 Filed 10/28/14 Page 2 of 2
On March 2, 2012, Charmaine and Brandon Graham filed a petition for
compensation, on behalf of their son, K.G., alleging that the influenza vaccine,
which K.G. received on October 14, 2009, caused him to suffer narcolepsy.
Petitioners received compensation based upon the parties’ stipulation. Decision,
filed Mar. 11, 2014. Because petitioners received compensation, they are entitled
to an award of attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e).
Petitioners seek a total of $22,018.05 in attorneys’ fees and costs for their
counsel. Additionally, in compliance with General Order No. 9, petitioners state
that they incurred no 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 lump sum of $22,018.05 in the form of a check made payable to
petitioners and petitioners’ attorney, Mark T. Sadaka, for attorneys’
fees and other litigation costs available under 42 U.S.C. § 300aa-15(e).
The Court thanks the parties for their cooperative efforts in resolving this
matter. The Clerk shall enter judgment accordingly.
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