VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00722
Package ID: USCOURTS-cofc-1_12-vv-00722
Petitioner: Kimberly Simmonds
Filed: 2012-10-25
Decided: 2015-05-13
Vaccine: influenza
Vaccination date: 2011-09-19
Condition: peripheral neuropathy
Outcome: compensated
Award amount USD: 25000

AI-assisted case summary:
Kimberly Simmonds filed a petition on October 25, 2012, alleging that an influenza (flu) vaccination she received on September 19, 2011 caused her to develop peripheral neuropathy, with residual effects lasting more than six months. Respondent denied that the flu vaccine caused or significantly aggravated petitioner's alleged injury or any other injury, and denied that her current disability was the result of a vaccine-related injury.

Nonetheless, both parties agreed in a joint stipulation filed March 20, 2015 to settle the case. Special Master Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $25,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

On April 10, 2015, the parties filed a stipulation of attorneys' fees and costs. Special Master Dorsey awarded $30,850.00, payable jointly to petitioner and her counsel, Mark T. Sadaka of Mark T. Sadaka, LLC. Petitioner had not personally incurred any out-of-pocket costs.

Theory of causation field:
Flu Sep 19, 2011 → peripheral neuropathy. Joint stipulation Mar 20, 2015; SM Dorsey. $25,000. Fees $30,850 (Sadaka, Mark T. Sadaka LLC, Englewood NJ).

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_12-vv-00722-0
Date issued/filed: 2015-04-10
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/20/2015) regarding 58 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:12-vv-00722-UNJ Document 59 Filed 04/10/15 Page 1 of 7
In the United States Court of Federal
Claims
OFFICE OF SPECIAL MASTERS
No. 12-722V
Filed: March 20, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
KIMBERLY SIMMONDS, *
*
* Special Master Dorsey
Petitioner, *
*
v. *
* Joint Stipulation on Damages;
SECRETARY OF HEALTH * Influenza vaccine;
AND HUMAN SERVICES, * Peripheral Neuropathy.
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Mark T. Sadaka, Mark T. Sadaka, LLC, Englewood, NJ, for petitioner.
Darryl R. Wishard, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On October 25, 2012, Kimberly Simmonds (“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 an influenza (“flu”) vaccine on September 19,
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-00722-UNJ Document 59 Filed 04/10/15 Page 2 of 7
2011, she suffered from peripheral neuropathy. Stipulation at ¶ 2, 4. Further, petitioner alleged
that she experienced residual effects of her injury for more than six months. Id. at ¶ 4.
On March 20, 2015, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation. Respondent denies that the flu vaccine caused or
significantly aggravated petitioner’s alleged injury or any other injury, and also denies that
petitioner’s current disability is the result of a vaccine-related 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 $25,000.00, in the form of a check payable to petitioner, Kimberly
Simmonds. 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.
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.3
IT IS SO ORDERED.
s/ Nora Beth Dorsey
Nora Beth Dorsey
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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Case 1:12-vv-00722-UNJ Document 59 Filed 04/10/15 Page 5 of 7

Case 1:12-vv-00722-UNJ Document 59 Filed 04/10/15 Page 6 of 7

Case 1:12-vv-00722-UNJ Document 59 Filed 04/10/15 Page 7 of 7

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_12-vv-00722-1
Date issued/filed: 2015-05-13
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/13/2015) regarding 62 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:12-vv-00722-UNJ Document 68 Filed 05/13/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Case No. 12-722V
Filed: April 13, 2015
* * * * * * * * * * * * * *
KIMBERLY SIMMONDS, * UNPUBLISHED
*
Petitioner, *
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH * Attorneys’ Fees and Costs;
AND HUMAN SERVICES, * Reasonable Amount Requested to which
* Respondent Does not Object.
Respondent. *
*
* * * * * * * * * * * * *
Mark T. Sadaka, Mark T. Sadaka, LLC, Englewood, NJ, for petitioner.
Darryl R. Wishard, United States Department of Justice, Washington, DC, for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On October 25, 2012, Kimberly Simmonds (“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 she developed peripheral neuropathy as a result of an influenza (“flu”) vaccine she
received on September 19, 2011. See Petition at 1. On March 20, 2015, the undersigned entered
a decision awarding compensation to petitioner based on a joint stipulation filed by the parties.
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 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-00722-UNJ Document 68 Filed 05/13/15 Page 2 of 2
On April 10, 2015, the parties filed a stipulation concerning attorneys’ fees and costs. The
parties stipulate to a total award of attorneys’ fees and costs in the amount of $30,850.00. In
accordance with General Order #9, petitioner’s counsel represents that petitioner did not personally
incur any costs in pursuit of her claim.
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 petitioner’s request and the lack of any objection by
respondent, the undersigned GRANTS the request for approval and payment of attorneys’ fees
and costs.
Accordingly, an award should be made as follows:
in the form of a check jointly payable to petitioner and to petitioner’s attorney, Mark
T. Sadaka, of Mark T. Sadaka, LLC, in the amount of $30,850.00.
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.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
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