VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00684
Package ID: USCOURTS-cofc-1_14-vv-00684
Petitioner: K.R.
Filed: 2014-07-31
Decided: 2015-10-22
Vaccine: influenza
Vaccination date: 2011-08-11
Condition: chronic urticaria
Outcome: compensated
Award amount USD: 10000

AI-assisted case summary:
On July 31, 2014, Darren Rose and Heejin Jinny Rose, as parents and natural guardians of their minor child K.R., filed a petition under the National Vaccine Injury Compensation Program. They alleged that K.R. developed chronic urticaria as a result of receiving an influenza vaccine on August 11, 2011, and experienced residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccination caused K.R.'s condition. Despite this denial, the parties filed a joint stipulation on damages. Special Master Thomas L. Gowen approved this stipulation, awarding K.R. $10,000.00 for all damages. The decision was issued on April 30, 2015, with judgment entered on May 5, 2015. Subsequently, on September 14, 2015, the parties filed a stipulation regarding attorneys' fees and costs. Petitioner requested a total of $14,813.14, which included $13,300.00 for attorneys' fees and costs and $1,513.14 for reimbursable out-of-pocket expenses. The respondent did not object to this amount. Special Master Gowen granted this request in a decision issued on September 16, 2015, awarding $13,300.00 jointly to petitioners and their counsel, Mark T. Sadaka, and $1,513.14 jointly to petitioners Darren Rose and Heejin "Jinny" Rose for personal litigation costs. On September 21, 2015, the parties filed a further stipulation concerning supplemental costs, indicating an additional $1,000.00 in reimbursable costs. Special Master Gowen granted this request in a decision issued on October 22, 2015, awarding an additional $1,000.00 jointly to petitioners Darren Rose and Heejin "Jinny" Rose for personal litigation costs. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received by K.R. The specific medical mechanism linking the influenza vaccine to chronic urticaria was not detailed in the public decision.

Theory of causation field:
Petitioners alleged that K.R., a minor, developed chronic urticaria as a result of receiving an influenza vaccine on August 11, 2011, and experienced residual effects for more than six months. Respondent denied causation. The parties stipulated to an award of $10,000.00 for all damages, and subsequently stipulated to attorneys' fees and costs totaling $14,813.14, plus an additional $1,000.00 in supplemental costs. Special Master Thomas L. Gowen approved the stipulations. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the chronic urticaria. The award was based on a joint stipulation rather than a finding of causation after litigation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00684-0
Date issued/filed: 2015-05-26
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/30/2015) regarding 24 DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:14-vv-00684-UNJ Document 26 Filed 05/26/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-684V
Filed: April 30, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
DARREN ROSE and HEEJIN JINNY ROSE *
as the Parents and Natural Guardians of K.R.,*
a minor, *
* Special Master Gowen
Petitioners, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Chronic Urticaria.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Mark T. Sadaka, Mark T. Sadaka, LLC, Englewood, NJ, for petitioner.
Lara A. Englund, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On July 31, 2014, Darren Rose and Heejin Jinny Rose (“petitioners”) filed a petition on
behalf of their minor child, K.R., pursuant to the National Vaccine Injury Compensation Program.2
42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioners alleged that as a result of receiving an influenza
(“flu”) vaccine on August 11, 2011, K.R. developed chronic urticaria. Stipulation ¶ 2, 4. Further,
petitioners alleged that K.R. experienced residual effects of his injury for more than six months.
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 1:14-vv-00684-UNJ Document 26 Filed 05/26/15 Page 2 of 7
Id. at ¶ 4.
On April 30, 2015, the parties filed a stipulation in which they state that a decision should
be entered awarding compensation. Respondent denies that the flu vaccination caused K.R.’s
chronic urticaria or any other injury or condition. 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 petitioners shall receive the following compensation:
A lump sum of $10,000.00, in the form of a check payable to petitioners, Darren Rose
and Heejin Rose, as parents and natural guardians of K.R. 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 petitioners’ 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

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Case 1:14-vv-00684-UNJ Document 26 Filed 05/26/15 Page 5 of 7

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Case 1:14-vv-00684-UNJ Document 26 Filed 05/26/15 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00684-1
Date issued/filed: 2015-10-21
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/16/2015) regarding 30 DECISION Fees Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:14-vv-00684-UNJ Document 34 Filed 10/21/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-684V
Filed: September 16, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
DARREN ROSE and *
HEEJIN JINNY ROSE, as the parents and * Special Master Gowen
natural guardians of K.R., a minor, *
*
Petitioners, *
* Stipulation;
v. * Attorneys’ Fees and Costs
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Mark T. Sadaka, Mark T. Sadaka, LLC, Englewood, NJ, for petitioner.
Lara Ann Englund, United States Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
On July 31, 2015, Darren Rose and Heejin “Jinny” Rose (“petitioners”) filed a petition on
behalf of K.R., their minor child, pursuant to the National Vaccine Injury Compensation
Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioners alleged that as a result of receiving
an influenza (“flu”) vaccine on August 11, 2011, K.R. developed chronic urticaria. Petition at
Preamble. Further, petitioners alleged that K.R. experienced residual effects of his injury for
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 1:14-vv-00684-UNJ Document 34 Filed 10/21/15 Page 2 of 2
more than six months. Id. at ¶ 4. A Decision was issued on April 30, 2015, awarding
compensation pursuant to the parties’ stipulation filed that same day. Judgment was entered
May 5, 2015.
On September 14, 2015, the parties filed a Stipulation of Fact concerning attorneys’ fees
and costs. Petitioner requests a total award of final attorneys’ fees and costs of $14,813.14 be
issued. Stip. of Fact ¶ 5. Pursuant to General Order #9, petitioner’s counsel also represented that
petitioner incurred $1,513,14 in reimbursable out-of-pocket expenses in this matter. Id. at ¶ 4.
The parties’ stipulation indicates that respondent does not object to the amended amount of
$13,300.00 in attorneys’ fees and costs and petitioner’s costs of $1,513.14 that petitioner is
requesting for attorneys’ fees and costs.
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, I hereby award the total $14,813.14 as follows:
(1) A lump sum of $13,300.00 in the form of a check payable jointly to petitioners and
petitioner’s counsel of record, Mark T. Sadaka, for petitioners’ attorneys’ fees and
costs; and
(2) A lump sum of $1,513.14 in the form of a check jointly payable to petitioners,
Darren Rose and Heejin “Jinny” Rose, for personal litigation costs.
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

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DOCUMENT 3: USCOURTS-cofc-1_14-vv-00684-2
Date issued/filed: 2015-10-22
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/23/2015) regarding 32 DECISION Fees Stipulation/Proffer, DECISION of Special Master - Fees ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:14-vv-00684-UNJ Document 35 Filed 10/22/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-684V
Filed: September 23, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
DARREN ROSE and *
HEEJIN JINNY ROSE, as the parents and * Special Master Gowen
natural guardians of K.R., a minor, *
*
Petitioners, *
* Stipulation;
v. * Attorneys’ Fees and Costs
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Mark T. Sadaka, Mark T. Sadaka, LLC, Englewood, NJ, for petitioner.
Lara Ann Englund, United States Department of Justice, Washington, DC, for respondent.
DECISION ON SUPPLEMENTAL ATTORNEYS’ FEES AND COSTS1
On July 31, 2015, Darren Rose and Heejin “Jinny” Rose (“petitioners”) filed a petition on
behalf of K.R., their minor child, pursuant to the National Vaccine Injury Compensation
Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioners alleged that as a result of receiving
an influenza (“flu”) vaccine on August 11, 2011, K.R. developed chronic urticaria. Petition at
Preamble. Further, petitioners alleged that K.R. experienced residual effects of his injury for
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 1:14-vv-00684-UNJ Document 35 Filed 10/22/15 Page 2 of 2
more than six months. Id. at ¶ 4. A Decision was issued on April 30, 2015, awarding
compensation pursuant to the parties’ stipulation filed that same day. Judgment was entered
May 5, 2015.
On September 14, 2015, the parties filed a Stipulation of Fact concerning attorneys’ fees
and costs. Petitioner requested a total award of attorneys’ fees and costs of $14,813.14. Stip. of
Fact ¶ 5. Pursuant to General Order #9, petitioner’s counsel represented that petitioner incurred
$1,513,14 in reimbursable out-of-pocket expenses in this matter. Stip. of Fact ¶ 4. In
accordance with the parties’ September 14 stipulation, a Decision was issued September 16,
2015, awarding attorneys’ fees and costs in the amount of $13,300.00 and reimbursing
petitioners costs in the amount of $1,513.14.
On September 21, 2015, the parties filed a Stipulation of Fact Concerning Supplemental
Costs. Pursuant to General Order #9, petitioner’s counsel therein represents that petitioners
advanced an additional $1,000.00 in reimbursable costs in pursuit of their claim. Stip. of Fact
Concerning Supp. Costs ¶ 3.
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, I hereby award:
(1) A lump sum of $1,000.00 in the form of a check jointly payable to petitioners,
Darren Rose and Heejin “Jinny” Rose, for personal litigation costs.
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