VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00359
Package ID: USCOURTS-cofc-1_12-vv-00359
Petitioner: Summer Perry
Filed: 2014-09-19
Decided: 2014-10-10
Vaccine: Hepatitis B
Vaccination date: 
Condition: myasthenia gravis, along with fatigue, muscle weakness, eyelid drooping, and fatigue-induced diplopia
Outcome: compensated
Award amount USD: 40000

AI-assisted case summary:
Summer Perry filed a petition under the National Vaccine Injury Compensation Program on June 6, 2012, alleging that she suffered myasthenia gravis, fatigue, muscle weakness, eyelid drooping, and fatigue-induced diplopia as a result of receiving the Hepatitis B vaccine on June 11, 2009, July 29, 2009, and March 19, 2010. She further alleged that she experienced residual effects of her injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the Hepatitis B vaccinations caused or significantly aggravated her alleged injury or any other injury. The parties subsequently filed a joint stipulation agreeing to a settlement. Under the terms of the stipulation, Summer Perry was to receive a lump sum of $40,000.00 as compensation for all damages. Special Master Thomas L. Gowen found the stipulation reasonable and adopted it as the decision of the Court. Following this, the parties filed a stipulation for attorneys' fees and costs. Petitioner requested $41,094.53, which the respondent did not object to. Special Master Gowen approved and awarded this amount, to be paid jointly to petitioner Summer Perry and her attorney, Mark T. Sadaka of the Law Offices of Sadaka Associates, LLC. The public decision does not describe the onset of symptoms, specific medical tests, or treatments. The attorneys for the petitioner were Mark T. Sadaka and Vincent J. Marafino, and the attorney for the respondent was Darryl R. Wishard.

Theory of causation field:
Petitioner Summer Perry received Hepatitis B vaccinations on June 11, 2009, July 29, 2009, and March 19, 2010. She alleged that these vaccinations caused myasthenia gravis, fatigue, muscle weakness, eyelid drooping, and fatigue-induced diplopia, with residual effects lasting more than six months. The respondent denied causation or significant aggravation. The parties entered into a joint stipulation for settlement, agreeing to an award of $40,000.00 for all damages. Petitioner's counsel was Mark T. Sadaka, and respondent's counsel was Darryl R. Wishard. Special Master Thomas L. Gowen approved the stipulation on October 10, 2014. Subsequently, a stipulation for attorneys' fees and costs was filed, requesting $41,094.53, which was also approved by Special Master Gowen on November 21, 2014. The theory of causation is based on the Vaccine Injury Table (Table). The public decision does not detail the specific medical mechanism, expert testimony, or clinical findings.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00359-0
Date issued/filed: 2014-10-10
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/19/2014) regarding 54 DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties. (Additional attachment(s) added on 10/10/2014: #1 Stipulation) (jt1). Modified on 7/10/2019 to include the attachment(s) in the main document for posting to the courts website (da).
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Case 1:12-vv-00359-UNJ Document 59 Filed 10/10/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-359V
Filed: September 19, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
SUMMER PERRY, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on Damages;
v. * Hepatitis B vaccine; Fatigue;
* Myasthenia gravis; Eyelid Drooping;
SECRETARY OF HEALTH * Muscle weakness; Fatigue-induced
AND HUMAN SERVICES, * diplopia
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Mark T. Sadaka, Sadaka Associates LLC, Englewood, NJ, for petitioner.
Darryl R. Wishard, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On June 6, 2012, Summer Perry (“petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged
that as a result of receiving a Hepatitis B vaccine on June 11, 2009, July 29, 2009, and March 19,
2010 she suffered myasthenia gravis, along with fatigue, muscle weakness, eyelid drooping, and
fatigue-induced diplopia. Stipulation ¶ 2, 4, filed Sept. 19, 2014. Further, petitioner alleged that
she experienced residual effects of her injury for more than six months. Id. at ¶ 4.
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, Pub. L. No. 107-347, § 205, 116
Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). 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 (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 1:12-vv-00359-UNJ Document 59 Filed 10/10/14 Page 2 of 7
On September 19, 2014, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation. Respondent denies that the Hepatitis B vaccinations
either caused or significantly aggravated petitioner’s alleged injury 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:
A lump sum of $40,000.00, in the form of a check payable to petitioner, Summer
Perry. This amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a).
Id. at ¶ 8.
The undersigned approves the requested amount 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

Case 1:12-vv-00359-UNJ Document 59 Filed 10/10/14 Page 3 of 7
IN THE UNITED STATES COL.Ef DF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
SUMMER PERRY, )
)
Petitioner, ) No. 12-359V ECF
)
v. ) Special Master Gowen
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
______________ )
STIPULATION
The parties hereby stipulate to the following matters:
1. Petitioner, Summer Perry, filed a petitbn for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of the Hepatitis B ("Hep B") vaccine, which vaccine is contained in the Vaccine Injury Table
(the "Table"), 42 C.F.R. § 100.3(a).
2. Petitioner received Hep B vaccine on June 11, 2009, July 29, 2009, and March 19,
2010.
3. The vaccines were administered within the United States.
4. Petitioner alleges that, as a result ofreceiving Hep B vaccine, she suffered from
myasthenia gravis ("MG"), along with fatigue, muscle weakness, eyelid drooping, and
fatigue-induced diplopia, and that she experienced :,:<:-riptoms of this injury for more than six
months.
1

Case 1:12-vv-00359-UNJ Document 59 Filed 10/10/14 Page 4 of 7
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of her alleged injuries.
6. Respondent denies that Hep B vaccine either caused or significantly aggravated
petitioner's alleged injury or any other injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment. reflecting a decision consistent
with the terms of this Stipulation, and after petitioner has filed an election to receive
compensation pursuant to 42 U.S.C._ § 300aa-21(a)(l), the Secretary of Health and Human
Services will issue the following vaccine compensation payment:
A lump sum of $40,000.00, in the form of a check payable to petitioner. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and
after petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-21(a)(l), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys' fees and costs incurred in proceeding
upon this petition.
10. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
2

Case 1:12-vv-00359-UNJ Document 59 Filed 10/10/14 Page 5 of 7
State health benefits programs (other than Title XIX oithe Social Security Act (42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 of this Stipulation, and any amounts
awarded pursuant to paragraph 9 of this Stipulation, will be made in accordance with 42 U.S.C.
§ 300aa-15(i), subject to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs, the money provided pursuant to this Stipulation will be
used solely for the benefit of petitioner, as contemplated by a strict construction of 42 U.S.C.
§ 300aa-15(a) and (d), and su_bject to the conditions of 42 U.S.C. § 300aa-15(g) and (h).
13. In return for the payments described ir:. pat'agraphs 8 and 9, petitioner, in her
individual capacity and on behalf of her heirs, executors, administrators, successors or assigns,
does fo~ever irrevocably and unconditionally release, acquit and discharge the United States and
·the Secretary of Health and Human Services from any and all actions, causes of action (including
agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever
kind or nature) that have been brought, could have been brought, or could be timely brought in
the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42
U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any andall known or
unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or
alleged to have resulted from~ the Hep B vaccine administered on June 11, 2009, July 29, 2009,
and March 19, 2010, as alleged by petitioner in a pc~Li~n for vaccine compensation filed on or
about June 6, 2012, in the United States Court of Federal Claims as petition No. 12-359V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
3

Case 1:12-vv-00359-UNJ Document 59 Filed 10/10/14 Page 6 of 7
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or ifthe Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at ,':e sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
·and clearly agreed to. The parties further agree and understand that the award described in this
stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the F~,1 B vaccine either caused or significantly
aggravated petitioner's alleged injury or any other injury.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
4

Case 1:12-vv-00359-UNJ Document 59 Filed 10/10/14 Page 7 of 7
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DOCUMENT 2: USCOURTS-cofc-1_12-vv-00359-1
Date issued/filed: 2014-11-21
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/29/2014) regarding 61 DECISION Fees Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:12-vv-00359-UNJ Document 64 Filed 11/21/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-359V
Filed: October 29, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
SUMMER PERRY, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation;
v. * Attorneys’ Fees and Costs;
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Mark T. Sadaka, Law Offices of Sadaka Associates LLC, Englewood, NJ, for petitioner.
Darryl R. Wishard, United States Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
On June 6, 2012, Summer Perry (“petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged
that as a result of receiving a Hepatitis B vaccine on June 11, 2009, July 29, 2009, and March 19,
2010 she suffered myasthenia gravis, along with fatigue, muscle weakness, eyelid dropping, and
fatigue-induced diplopia. Petition at Preamble, ¶ 3, ¶ 8, filed June 6, 2012. On September 19,
2014, the parties filed a stipulation in which they agreed to an award of compensation to
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, Pub. L. No. 107-347, § 205, 116
Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). 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 (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 1:12-vv-00359-UNJ Document 64 Filed 11/21/14 Page 2 of 2
petitioner. On that same day, I issued a Decision adopting the parties’ stipulation for an award.
See Decision on J. Stip., filed Sept. 19, 2014.
On October 28, 2014, the parties filed a stipulation regarding final attorneys’ fees and
costs. Petitioner requests a total award of attorneys’ fees and costs in the amount of $41,094.53.
Respondent does not object. In accordance with General Order #9, petitioner represents that she
did not personally incur costs related to this proceeding. See Stipulation of Fact Regarding Final
Attorneys’ Fees and Costs, filed Oct. 28, 2014.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. §
300 aa-15(e). Based on the 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:
(1) in the form of a check jointly payable to petitioner and to petitioner’s attorney, Mark
T. Sadaka, of the Law Offices of Sadaka Associates, LLC, in the amount of $41,094.53.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance herewith.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