VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00224
Package ID: USCOURTS-cofc-1_15-vv-00224
Petitioner: N.Y.
Filed: 2015-03-04
Decided: 2016-03-24
Vaccine: Haemophilus influenzae type b
Vaccination date: 2012-03-08
Condition: transverse myelitis
Outcome: dismissed
Award amount USD: 11497

AI-assisted case summary:
Sarah Yoon, as parent of N.Y., filed a petition on March 4, 2015, alleging that her child suffered transverse myelitis as a result of Haemophilus influenzae type b and pneumococcal conjugate (Prevnar) vaccines administered on March 8, 2012. The parties filed a joint stipulation of dismissal on February 9, 2016, and the case was concluded by order on February 11, 2016. Although the petition was dismissed, the Special Master considered an award of attorneys' fees and costs. Petitioner's counsel, Mark L. Krueger of Krueger & Hernandez, S.C., gathered medical records and consulted an expert, but realized that proof of causation was lacking and the case could not proceed. Counsel then took steps to resolve the case quickly to avoid unnecessary costs. The Special Master found that the petitioner's counsel acted in good faith and had a reasonable basis for proceeding, making the petitioner eligible for an award of attorneys' fees and costs. Respondent, represented by Althea W. Davis of the United States Department of Justice, did not object to the requested fees and costs. Petitioner sought $11,097.12 in attorneys' fees and costs for her counsel. Additionally, petitioner incurred $400.00 in out-of-pocket litigation expenses. Special Master Christian J. Moran awarded a lump sum of $11,097.12, payable to petitioner and her attorney, Mark L. Krueger, for attorneys' fees and litigation costs. A separate lump sum of $400.00 was awarded, payable to petitioner Sarah Yoon, for incurred costs. The total award was $11,497.12. The decision was issued on March 24, 2016.

Theory of causation field:
Petitioner Sarah Yoon, as parent of N.Y., alleged that N.Y. suffered transverse myelitis as a result of Haemophilus influenzae type b and pneumococcal conjugate (Prevnar) vaccines administered on March 8, 2012. The public decision does not describe the specific theory of causation, the mechanism of injury, or any expert testimony presented. The case was dismissed by joint stipulation on February 9, 2016. Petitioner's counsel consulted an expert and determined that proof of causation was lacking, leading to the stipulation of dismissal. Special Master Christian J. Moran awarded attorneys' fees and costs totaling $11,497.12 ($11,097.12 for fees and costs to petitioner and attorney Mark L. Krueger, and $400.00 for out-of-pocket expenses to petitioner Sarah Yoon), finding that the petition was brought in good faith and had a reasonable basis, despite the lack of provable causation. The decision date was March 24, 2016.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00224-0
Date issued/filed: 2016-03-24
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 03/01/2016) regarding 35 DECISION Fees Stipulation/Proffer. Signed by Special Master Christian J. Moran. (SP) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00224-UNJ Document 36 Filed 03/24/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
SARAH YOON, *
As parent of N.Y., * No. 15-224V
* Special Master Christian J. Moran
Petitioner, *
* Filed: March 1, 2016
v. *
* Attorneys’ fees and costs; award
SECRETARY OF HEALTH * in the amount to which
AND HUMAN SERVICES, * respondent does not object.
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Mark L. Krueger, Krueger & Hernandez, S.C., Baraboo, WI, for petitioner;
Althea W. Davis, United States Dep’t of Justice, Washington, DC, for respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On February 22, 2016, petitioner filed a stipulation of fact for attorneys’ fees
and costs. Previously, petitioner informally submitted a final application for
attorneys’ fees and costs to request $11,097.12, an amount to which respondent
does not object. The Court awards this amount.
On March 4, 2015, Sarah Yoon, mother of N.Y., filed a petition for
compensation alleging that N.Y. suffered transverse myelitis as the result of
Haemophilus influenzae type b and pneumococcal conjugate (Prevnar) vaccines
administered on March 8, 2012. The parties filed a joint stipulation of dismissal
pursuant to Vaccine Rule 21(a) on February 9, 2016 and the undersigned issued an
Order Concluding Proceedings on February 11, 2016.
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 1:15-vv-00224-UNJ Document 36 Filed 03/24/16 Page 2 of 4
Even though the petition was dismissed, a petitioner who brings her petition
in good faith and who has a reasonable basis for the petition may be awarded
attorneys’ fees and costs. See 42 U.S.C. § 300aa–15(e)(1). Here, counsel for
petitioner spent time gathering medical records and filing affidavits for petitioner.
Counsel consulted an expert and then counsel realized that proof of causation was
lacking and the case could not proceed. At this point, counsel took steps to resolve
this case relatively quickly so as not to increase costs and expenses unnecessarily.
Thus, because petitioner’s counsel acted in good faith and there was a reasonable
basis for proceeding, petitioner is eligible for an award of attorneys’ fees and costs.
Respondent does not contend that petitioner failed to satisfy these criteria.
Petitioner seeks a total of $11,097.12, in attorneys’ fees and costs for her
counsel. Additionally, in compliance with General Order No. 9, petitioner states
that she incurred $400.00, 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 $11,097.12, in the form of a check made payable to
petitioner and petitioner’s attorney, Mark L. Krueger, of Krueger &
Hernandez, S.C., for attorneys’ fees and other litigation costs
available under 42 U.S.C. § 300aa-15(e).
b. A lump sum of $ 400.00, payable to petitioner, Sarah Yoon, as parent
of N.Y., for costs incurred in pursuit of her 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, Shannon Proctor, at (202)
357-6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2

Case 1:15-vv-00224-UNJ Document 36 Filed 03/24/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
SARAH YOON
As parent of N.Y., *
*
Petitioner, *
*
v. * No. 15-224 ECF
* Special Master Christian Moran
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
STIPULATION OF FACTS CONCERNING FINAL ATTORNEYS’ FEES AND COSTS
It is hereby stipulated by and between the parties, the following factual matter:
1. Mark L. Krueger, Esq., is the attorney of record for petitioner.
2. On or about February 3, 2016, petitioner informally provided a Final Application for
Attorneys’ Fees and Costs (“Application”) to respondent, in which petitioner requested
final attorneys’ fees and costs in the amount of $11,097.12. Respondent does not object
to the total amount requested. Petitioner also incurred costs in the amount of $400.00 for
the filing fee.
3. The parties now agree that a decision should be entered awarding final attorneys’ fees
and costs payable to petitioner’s attorney and petitioner in the amount of $11,097.12. In
addition, a decision should be entered awarding Petitioner’ costs in the amount of
$400.00.
4. Petitioner understands that the payment totaling $11,497.12 represents all attorneys’ fees
and costs available under 42 U.S.C. § 300aa-15(e).
5. Nothing in this Stipulation, including the amount set forth in paragraphs 2 and/or 3,
should be construed as an admission, concession, or waiver of either party as to any of
the matters raised by petitioner’s Application, including but not limited to the hourly rates
requested and other litigation-related costs.

Case 1:15-vv-00224-UNJ Document 36 Filed 03/24/16 Page 4 of 4
ATTORNEY OF RECORD FOR ATTORNEY OF RECORD FOR
PETITIONER: RESPONDENT:
s/Mark L. Krueger s/Althea Walker Davis
Mark L. Krueger Althea Walker Davis
123 2nd Street Senior Trial Counsel
P.O. Box 41 Civil Division, Torts Branch
Baraboo, WI 53913 P.O. Box 146
(608)356-3961 Benjamin Franklin Station
Washington DC 20044-0146
Date: February 22, 2016