VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00466 Package ID: USCOURTS-cofc-1_12-vv-00466 Petitioner: Christopher Jones Filed: 2012-07-25 Decided: 2016-03-08 Vaccine: influenza Vaccination date: 2010-09-30 Condition: chronic inflammatory demyelinating polyneuropathy (CIDP) Outcome: compensated Award amount USD: 1550996 AI-assisted case summary: Christopher Jones filed a petition on July 25, 2012, alleging that an influenza vaccination he received on September 30, 2010, a vaccine contained in the Vaccine Injury Table, caused him to develop chronic inflammatory demyelinating polyneuropathy (CIDP), with residual effects lasting more than six months. Respondent denied that the flu vaccine caused petitioner's CIDP or any other injury. Nonetheless, both parties agreed in a joint stipulation filed August 3, 2015 to settle the case. Special Master Moran found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received: a lump sum of $1,550,996.29, representing compensation for first-year life care expenses ($114,671.96), lost earnings ($1,189,127.22), pain and suffering ($240,000.00), and past unreimbursable expenses ($7,197.11); and an amount sufficient to purchase an annuity contract for future care payments. Special Master Moran also awarded attorneys' fees of $75,000.00, payable jointly to petitioner and his counsel, Mark T. Sadaka of Sadaka Associates LLC, plus $300.76 in personal out-of-pocket costs payable to petitioner. Theory of causation field: Flu Sep 30, 2010 → CIDP (Table vaccine). Joint stipulation Aug 3, 2015; respondent denied causation; SM Moran. $1,550,996.29 lump (year-1 life care $114,671.96 + lost earnings $1,189,127.22 + P&S $240,000 + past unreimbursable $7,197.11) + annuity. Fees $75,000 + $300.76 personal (Sadaka, Sadaka Associates, Englewood NJ). Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_12-vv-00466-0 Date issued/filed: 2015-09-15 Pages: 10 Docket text: PUBLIC DECISION (Originally filed: 08/07/2015) regarding 69 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:12-vv-00466-UNJ Document 72 Filed 09/15/15 Page 1 of 10 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * CHRISTOPHER JONES, * * No. 12-466V Petitioner, * Special Master Christian J. Moran * v. * Filed: August 7, 2015 * SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine; AND HUMAN SERVICES, * chronic inflammatory demyelinating * polyneuropathy (“CIDP”). Respondent. * * * * * * * * * * * * * * * * * * * * * * Mark Sadaka, Law Offices of Sadaka Associates, LLC, Englewood, NJ, for petitioner; Jennifer Reynaud, United States Dep’t of Justice, Washington, DC, for respondent. UNPUBLISHED DECISION1 On August 3, 2015, respondent filed a joint stipulation concerning the petition for compensation filed by Christopher Jones on July 25, 2012. In his petition, petitioner alleged that the influenza (“flu”) vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he received on September 30, 2010, caused him to suffer chronic inflammatory demyelinating polyneuropathy (“CIDP”). Petitioner further alleges that he experienced residual effects of this injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition. Respondent denies that the flu vaccine caused petitioner to suffer from CIDP, or any other injury, and denies that his current disabilities are sequelae of a vaccine-related injury. 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-00466-UNJ Document 72 Filed 09/15/15 Page 2 of 10 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: a. A lump sum of $1,550,996.29, which amount represents compensation for first year life care expenses ($114,671.96); lost earnings ($1,189,127.22); pain and suffering ($240,000.00); and past unreimbursable expenses ($7,197.11) in the form of a check payable to petitioner, Christopher Jones; and b. An amount sufficient to purchase the annuity contract described in paragraph 10 of the stipulation attached hereto as “Appendix A,” paid to the life insurance company from which the annuity will be purchased (the "Life Insurance Company").2 In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 12-466V according to this decision and the attached stipulation.3 Any questions may be directed to my law clerk, Mary Holmes, at (202) 357- 6360. IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 2 The Life Insurance Company must have a minimum of $250,000,000 capital and surplus, exclusive of any mandatory security valuation reserve. The Life Insurance Company must have one of the following ratings from two of the following rating organizations: a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s; b. Moody's Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa; c. Standard and Poor's Corporation Insurer Claims-Paying Ability Rating: AA-, AA, AA+, or AAA; d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating: AA-, AA, AA+, or AAA. 3 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 CCaassee 1 1:1:122--vvvv--0000446666--UUNNJJ D Dooccuummeennt t7 628 F Filieledd 0 098/1/053/1/155 P Paaggee 3 1 o of f1 80 CCaassee 1 1:1:122--vvvv--0000446666--UUNNJJ D Dooccuummeennt t7 628 F Filieledd 0 098/1/053/1/155 P Paaggee 4 2 o of f1 80 CCaassee 1 1:1:122--vvvv--0000446666--UUNNJJ D Dooccuummeennt t7 628 F Filieledd 0 098/1/053/1/155 P Paaggee 5 3 o of f1 80 CCaassee 1 1:1:122--vvvv--0000446666--UUNNJJ D Dooccuummeennt t7 628 F Filieledd 0 098/1/053/1/155 P Paaggee 6 4 o of f1 80 CCaassee 1 1:1:122--vvvv--0000446666--UUNNJJ D Dooccuummeennt t7 628 F Filieledd 0 098/1/053/1/155 P Paaggee 7 5 o of f1 80 CCaassee 1 1:1:122--vvvv--0000446666--UUNNJJ D Dooccuummeennt t7 628 F Filieledd 0 098/1/053/1/155 P Paaggee 8 6 o of f1 80 CCaassee 1 1:1:122--vvvv--0000446666--UUNNJJ D Dooccuummeennt t7 628 F Filieledd 0 098/1/053/1/155 P Paaggee 9 7 o of f1 80 CCaasese 1 1:1:122-v-vv-v0-000446666-U-UNNJ J D Doocucummeennt 7t 628 F Fileiledd 0 098/1/053/1/155 P Paaggee 1 80 ooff 810 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_12-vv-00466-1 Date issued/filed: 2016-03-08 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 2/16/16) regarding 75 DECISION Fees Stipulation/Proffer. Signed by Special Master Christian J. Moran. (Attachments: #1 Appendix 1)(dh) Copy to parties. Modified on 7/10/2019 to include the attachment(s) in the main document for posting to the courts website (da). -------------------------------------------------------------------------------- Case 1:12-vv-00466-UNJ Document 78 Filed 03/08/16 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * CHRISTOPHER JONES, * * No. 12-466V Petitioner, * Special Master Christian J. Moran * v. * Filed: February 16, 2016 * SECRETARY OF HEALTH * Attorneys’ fees and costs; award AND HUMAN SERVICES, * in the amount to which * respondent does not object. Respondent. * * * * * * * * * * * * * * * * * * * * * * Mark Sadaka, Sadaka Associates LLC, Englewood, NJ, for petitioner; Jennifer Reynaud, United States Dep’t of Justice, Washington, D.C., for respondent. UNPUBLISHED DECISION ON FEES AND COSTS1 On February 5, 2016, petitioner filed a stipulation of fact for attorneys’ fees and costs. 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 aspects of the draft application. Based on subsequent discussions, petitioner amended his application to request $75,000.00, an amount to which respondent does not object. The Court awards this amount. On July 25, 2012, Christopher Jones filed a petition for compensation alleging that the influenza (“flu”) vaccine he received on September 30, 2010, caused him to suffer chronic inflammatory demyelinating polyneuropathy (“CIDP”). Petitioner received compensation based upon the parties’ stipulation. 1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services), 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-00466-UNJ Document 78 Filed 03/08/16 Page 2 of 4 Decision, issued August 7, 2015. Because petitioner received compensation, he is entitled to an award of attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e). Petitioner seeks a total of $75,000.00, in attorneys’ fees and costs for his counsel. Additionally, in compliance with General Order No. 9, petitioner states that he incurred $300.76, 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 $75,000.00, 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 of $300.76, payable to petitioner, Christopher Jones, for costs incurred in pursuit of his petition. 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, Dan Hoffman, at (202) 357- 6360. IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 2 Case 1:12-vv-00466-UNJ Document 78 Filed 03/08/16 Page 3 of 4 1 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF THE SPECIAL MASTERS 2 3 CHRISTOPHER JONES, 4 Petitioner, Case No.: 12-466V 5 6 v. SPECIAL MASTER CHRISTIAN J. 7 SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, MORAN 8 Respondent. 9 10 STIPULATION OF FACT CONCERNING ATTORNEYS’ FEES AND COSTS 11 It is hereby stipulated by and between the parties, the following factual matters: 12 1. Mark T. Sadaka is the attorney of record for petitioner in this matter. 13 14 2. Petitioner forwarded a draft final Application for Attorneys’ Fees and Costs (“Application”) to respondent. In informal discussions, respondent raised 15 objections to certain aspects of petitioner’s Application. Based on these discussions, petitioner has amended her Application in this matter to request 16 reimbursement for attorneys’ fees and costs in the amount of $75,000.00, to which respondent does not object. 17 3. Pursuant to General Order #9, petitioner represents to respondent that he 18 incurred $300.76 in reimbursable costs in pursuit of his claim. 19 4. The parties now request that a decision awarding final attorneys’ fees and 20 costs, in the amount of $75,000.00 payable jointly to petitioner and petitioner’s counsel, be issued. The parties also request a decision awarding 21 $300.76 payable to Christopher Jones. 22 5. This Stipulation does not represent an agreement by respondent to the hourly rates of the professionals who worked on this matter, nor may a waiver of any 23 objections that respondent bring in other cases. 24 25 001032-001036/STIPULATION FOR FEES AND COSTS.DOCXSTIPULATION FOR FEES AND COSTS.DOCX 1 Case 1:12-vv-00466-UNJ Document 78 Filed 03/08/16 Page 4 of 4 1 2 Respectfully submitted, 3 s/MARK T. SADAKA s/JENNIFER L. REYNAUD, ESQ. MARK T. SADAKA JENNIFER L. REYNAUD, ESQ. 4 Counsel for Petitioner Trial Attorney SADAKA ASSOCIATES LLC Torts Branch, Civil Division 5 155 North Dean Street, 4th Floor U.S. Department of Justice Englewood, NJ 07631 P.O. Box 146 6 Ben Franklin Station 7 Washington, D.C. 20044-0146 8 DATED: February 4, 2016 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 001032-001036/STIPULATION FOR FEES AND COSTS.DOCXSTIPULATION FOR FEES AND COSTS.DOCX 2