VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00415
Package ID: USCOURTS-cofc-1_13-vv-00415
Petitioner: Patricia Egroff
Filed: 2013-06-25
Decided: 2014-07-17
Vaccine: influenza
Vaccination date: 2011-12-09
Condition: brachial neuritis
Outcome: compensated
Award amount USD: 60000

AI-assisted case summary:
Patricia Egroff filed a petition on June 25, 2013, alleging that an influenza (flu) vaccination she received on December 9, 2011 caused her to develop brachial neuritis. On November 21, 2013, respondent filed a Rule 4(c) Report conceding liability and recommending that petitioner receive compensation.

Respondent filed a proffer on compensation on April 30, 2014. However, both the original proffer and the resulting decision contained inadvertent errors, and the decision was withdrawn and judgment vacated on June 25, 2014. Respondent filed an amended proffer on June 26, 2014, and Special Master Millman adopted it as the final decision of the Court. Petitioner received a lump sum of $60,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The parties subsequently agreed to attorneys' fees and costs of $12,200.00, payable jointly to petitioner and her counsel, Sadaka & Associates, LLC. Petitioner had not personally incurred any out-of-pocket litigation expenses.

Theory of causation field:
Flu Dec 9, 2011 → brachial neuritis. Respondent conceded liability (Rule 4(c) Report Nov 21, 2013). Original proffer Apr 30, 2014 had errors; vacated Jun 25, 2014. Amended proffer Jun 26, 2014; SM Millman. Comp $60,000. Fees $12,200 (Sadaka, Sadaka & Associates LLC, Englewood NJ).

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_13-vv-00415-0
Date issued/filed: 2014-05-22
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 04/30/2014) regarding 35 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00415-UNJ Document 36 Filed 05/22/14 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-415V
April 30, 2014
Not to be Published
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
PATRICIA EGROFF, *
*
Petitioner, *
*
v. * Damages decision based on proffer;
* influenza vaccine; brachial neuritis
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Mark T. Sadaka, Englewood, NJ, for petitioner.
Althea W. Davis, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION1
Petitioner filed a petition on June 25, 2013, under the National Childhood Vaccine Injury
Act, 42 U.S.C. §§ 300aa-10–34 (2006). Petitioner alleges that influenza vaccine she received on
December 9, 2011 caused her brachial neuritis. On November 21, 2013, respondent filed a Rule
4(c) Report conceding liability and recommending that petitioner receive compensation.
1 Because this decision contains a reasoned explanation for the special master’s action in this case, the
special master intends to post this decision on the United States Court of Federal Claims’s website, in
accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the
public unless they contain trade secrets or commercial or financial information that is privileged and
confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted
invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to redact
such information prior to the document’s disclosure. If the special master, upon review, agrees that the
identified material fits within the categories listed above, the special master shall redact such material
from public access.

Case 1:13-vv-00415-UNJ Document 36 Filed 05/22/14 Page 2 of 4
On April 30, 2014, respondent filed Respondent’s Proffer on Award of Compensation.
The undersigned finds the terms of the proffer to be reasonable. Based on the record as a whole,
the undersigned finds that petitioner is entitled to the award as stated in the proffer. Pursuant to
the terms stated in the attached proffer, the court awards petitioner a lump sum payment of
$60,000.00, representing compensation for actual and projected expenses and pain and suffering.
The award shall be in the form of a check made payable to petitioner.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court is directed to enter judgment herewith.2
IT IS SO ORDERED.
Dated: April 30, 2014 s/Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2

Case 1:13-vv-00415-UNJ Document 36 Filed 05/22/14 Page 3 of 4

Case 1:13-vv-00415-UNJ Document 36 Filed 05/22/14 Page 4 of 4

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_13-vv-00415-1
Date issued/filed: 2014-07-15
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 06/20/2014) regarding 42 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:13-vv-00415-UNJ Document 47 Filed 07/15/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-415V
Filed: June 20, 2014
Not for Publication
*************************************
PATRICIA EGROFF, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Mark T. Sadaka, Englewood, NJ, for petitioner.
Althea W. Davis, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On June 20, 2014, the parties filed a stipulation of fact in which they agreed on an
appropriate amount for attorneys’ fees and costs in this case.
In accordance with the General Order #9 requirement, petitioner asserts she did not incur
any out-of-pocket expenses in pursuit of her petition. Petitioner submitted her request for
attorneys’ fees and costs to respondent. During informal discussions, respondent raised
objections to certain items in petitioner’s application. Based on these objections, petitioner
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made
available to the public unless they contain trade secrets or commercial or financial information that is
privileged and confidential, or medical or similar information whose disclosure would constitute a clearly
unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and
move to redact such information prior to the document=s disclosure. If the special master, upon review,
agrees that the identified material fits within the banned categories listed above, the special master shall
redact such material from public access.

Case 1:13-vv-00415-UNJ Document 47 Filed 07/15/14 Page 2 of 2
amends her request for reimbursement for attorneys’ fees and costs to $12,200.00. Respondent
does not object to this amount. The undersigned finds this amount to be reasonable.
Accordingly, the court awards $12,200.00, representing reimbursement for attorneys’ fees and
costs. The award shall be in the form of a check made payable jointly to petitioner and Sadaka &
Associates, LLC in the amount of $12,200.00.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the
court is directed to enter judgment herewith.2
IT IS SO ORDERED.
Dated: June 20, 2014 s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2

================================================================================
DOCUMENT 3: USCOURTS-cofc-1_13-vv-00415-2
Date issued/filed: 2014-07-17
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 06/26/2014) regarding 46 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00415-UNJ Document 48 Filed 07/17/14 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-415V
Filed: June 26, 2014
Not for Publication
*************************************
PATRICIA EGROFF, *
*
Petitioner, * Damages decision based on proffer;
* influenza vaccine; brachial neuritis
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Mark T. Sadaka, Englewood, NJ, for petitioner.
Althea W. Davis, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION1
Petitioner filed a petition on June 25, 2013, under the National Childhood Vaccine Injury
Act, 42 U.S.C. §§ 300aa-10–34 (2006). Petitioner alleges that the influenza vaccine she received
on December 9, 2011 caused her to suffer brachial neuritis. On November 21, 2013, respondent
filed a Rule 4(c) Report conceding liability and recommending that petitioner receive
compensation.
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made
available to the public unless they contain trade secrets or commercial or financial information that is
privileged and confidential, or medical or similar information whose disclosure would constitute a clearly
unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and
move to redact such information prior to the document=s disclosure. If the special master, upon review,
agrees that the identified material fits within the banned categories listed above, the special master shall
redact such material from public access.

Case 1:13-vv-00415-UNJ Document 48 Filed 07/17/14 Page 2 of 4
On April 30, 2014, respondent filed Respondent’s Proffer on Award of Compensation.
The undersigned issued a decision on April 30, 2014, pursuant to this proffer. Both the proffer
and decision contained inadvertent errors, as did the subsequent June 6, 2014, judgment. The
decision was withdrawn and judgment vacated on June 25, 2014.
On June 26, 2014, respondent filed Respondent’s Amended Proffer on Award of
Compensation. The undersigned finds the terms of the amended proffer to be reasonable. Based
on the record as a whole, the undersigned finds that petitioner is entitled to the award as stated in
the proffer. Pursuant to the terms stated in the attached proffer, the court awards petitioner a lump
sum payment of $60,000.00, representing all compensation for which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a). The award shall be in the form of a check made payable to
petitioner, Patricia Egroff.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the
court is directed to enter judgment herewith.2
IT IS SO ORDERED.
Dated: June 26, 2014 s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2

Case 1:13-vv-00415-UNJ Document 48 Filed 07/17/14 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
PATRICIA EGROFF, )
)
Petitioner, ) No. 13-415V
) Special Master Laura D. Millman
v. ) ECF
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S AMENDED PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
Respondent proffers that, based on the evidence of record, petitioner should be awarded
$60,000.00. This amount represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a)(1); 15(a)(3)(A); and 15(a)(4). Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment as described below, and request that the special master’s decision
and the Court’s judgment award the following:1
A. A lump sum payment of $60,000.00 in the form of a check payable to petitioner, Patricia
Egroff. This amount accounts for all elements of compensation under 42 U.S.C. § 300aa-
15(a) to which petitioner would be entitled.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future medical
expenses and future pain and suffering.

Case 1:13-vv-00415-UNJ Document 48 Filed 07/17/14 Page 4 of 4
Respectfully submitted,
STUART F. DELERY
Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
VORIS E. JOHNSON, Jr.
Assistant Director
Torts Branch, Civil Division
s/Althea Walker Davis
ALTHEA WALKER DAVIS
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 307-3013
DATED: June 26, 2014
2