VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00927
Package ID: USCOURTS-cofc-1_15-vv-00927
Petitioner: Sarah Henley
Filed: 2016-10-13
Decided: 2016-11-10
Vaccine: HPV
Vaccination date: 2012-08-02
Condition: postural tachycardia syndrome
Outcome: dismissed
Award amount USD: 8396

AI-assisted case summary:
Sarah Henley petitioned for compensation under the National Childhood Vaccine Injury Act on October 13, 2016, alleging that a human papillomavirus (HPV) vaccine administered on August 2, 2012, caused her to develop postural tachycardia syndrome. Kelly D. Burdette of Burkett & Burdette entered an appearance as Petitioner's attorney on December 30, 2015. On September 21, 2016, the parties filed a joint stipulation of dismissal, and Special Master Hamilton-Fieldman issued an order concluding the proceedings and dismissing the case without prejudice on that same day. Subsequently, on October 7, 2016, Petitioner filed an application for attorneys' fees and costs, requesting $8,396.17. This amount included $473.90 for costs personally incurred by Petitioner's mother for filing the case. Respondent, represented by Voris E. Johnson of the United States Department of Justice, filed a response on October 11, 2016, stating that they did not object to the requested amount, finding it reasonable for the proceedings to date, while noting this was not an admission regarding hourly rates, hours billed, or other litigation costs. Special Master Hamilton-Fieldman reviewed the application and, in accordance with the Vaccine Act, found the request for fees and costs to be reasonable. An award of $8,396.17 was granted, payable jointly to Sarah Henley and her counsel, Kelly D. Burdette. From this award, $473.90 was designated for reimbursement to Petitioner's mother for incurred costs. Judgment was to be entered accordingly.

Theory of causation field:
Petitioner Sarah Henley alleged that an HPV vaccine administered on August 2, 2012, caused her to develop postural tachycardia syndrome. The case was dismissed without prejudice via joint stipulation of dismissal filed September 21, 2016. The public decision does not describe the specific theory of causation, medical experts, clinical findings, or the mechanism by which the vaccine allegedly caused the condition. Following dismissal, Petitioner was awarded $8,396.17 for attorneys' fees and costs, with $473.90 to reimburse her mother for incurred costs. Special Master Lisa Hamilton-Fieldman issued the decision on November 10, 2016. Petitioner was represented by Kelly D. Burdette, and Respondent was represented by Voris E. Johnson.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00927-0
Date issued/filed: 2016-10-20
Pages: 1
Docket text: PUBLIC ORDER/RULING (Originally filed: 9/21/2016) regarding 28 Order Concluding Proceedings. Signed by Special Master Lisa Hamilton-Fieldman. (ca1) Copy to parties.
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Case 1:15-vv-00927-UNJ Document 34 Filed 10/20/16 Page 1 of 1
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-927V
Filed: September 21, 2016
* * * * * * * * * * * * * * * * * * * * * UNPUBLISHED
SARAH HENLEY, *
*
Petitioner, * Special Master Hamilton-Fieldman
v. *
* Joint Stipulation of Dismissal;
* Postural Tachycardia Syndrome
SECRETARY OF HEALTH * (“POTS”).
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Kelly D. Burdette, Burkett & Burdette, Seattle, WA, for petitioner.
Voris E. Johnson, United States Department of Justice, Washington, DC for respondent.
ORDER CONCLUDING PROCEEDINGS1
On September 21, 2016, the parties filed a joint stipulation of dismissal requesting that this
claim be dismissed pursuant to Vaccine Rule 21(a)(1)(b). In accordance with this rule, this case is
hereby dismissed without prejudice. The Clerk of the Court is instructed that judgment shall not
enter in the instant case pursuant to 42 U.S.C. § 300aa-21(a).
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
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, 44 U.S.C. § 3501 note (2012) (Federal
Management and Promotion of Electronic Government Services). 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).
1

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00927-1
Date issued/filed: 2016-11-10
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/13/2016) regarding 31 DECISION Fees Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (ca1) Copy to parties.
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Case 1:15-vv-00927-UNJ Document 35 Filed 11/10/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-927V
Filed: October 13, 2016
* * * * * * * * * * * * * * * * * * * * * * * * *
SARAH HENLEY, * UNPUBLISHED
*
* Special Master Hamilton-Fieldman
Petitioner, *
*
v. * Attorneys’ Fees and Costs;
* Reasonable Amount Requested
SECRETARY OF HEALTH * to which Respondent Does Not
AND HUMAN SERVICES, * Object.
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Kelly D. Burdette, Burkett & Burdette, Seattle, WA, for Petitioner.
Voris E. Johnson, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On August 25, 2015, Sarah Henley (“Petitioner”) petitioned for compensation under the
National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (2012). Petitioner
alleged that the administration of a human papillomavirus (“HPV”) vaccine on August 2, 2012
caused her to develop postural tachycardia syndrome. Petitioner then obtained the counsel of
Kelly Burdette who entered an appearance as Petitioner’s attorney of record on December 30,
2015. On September 21, 2016, the parties filed a joint stipulation of dismissal pursuant to
Vaccine Rule 21(a)(1)(B). The undersigned issued an order concluding the proceedings and
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 purposes espoused in the E-Government Act of 2002. See 44
U.S.C. § 3501 (2012). 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).

Case 1:15-vv-00927-UNJ Document 35 Filed 11/10/16 Page 2 of 2
dismissed this case without prejudice that same day.
On October 7, 2016, Petitioner filed an application for attorneys’ fees and costs.
Petitioner requested compensation in the amount of $8,396.17 for attorneys’ fees and costs, of
which $473.90 were costs personally incurred by Petitioner’s mother for filing this case on
Petitioner’s behalf. Petitioner’s Application at 2, filed Oct. 7, 2016. Petitioner requested that the
sum of $473.90 be paid to her attorneys, who will reimburse her mother. Petitioner’s Statement
Exhibit 3 at 1, filed Oct. 7, 2011. On October 11, 2016, Respondent filed a response to
Petitioner’s application. “Respondent does not object to the overall amount sought, as it is not an
unreasonable amount to have been incurred for proceedings in this case to date.” Response at 1,
filed Oct. 11, 2016. Respondent noted that her lack of objection should not be construed as an
admission, concession, or waiver as to the hourly rates requested, the number of hours billed, or
the other litigation related costs. Id.
In accordance with the Vaccine Act, 42 U.S.C. § 300aa-15(e) (2012), the undersigned
finds that Petitioner’s request for fees and costs is reasonable. Accordingly, the undersigned
hereby awards the amount of $8,396.17, in the form of a check made payable jointly to
Petitioner and Petitioner’s counsel, Kelly D. Burdette, of Burkett & Burdette. From this
award, Petitioner will be reimbursed $473.90 for costs personally incurred. In the absence
of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court shall enter
judgment in accordance herewith.2
IT IS SO ORDERED.
/s/Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
2 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to
seek review. Vaccine Rule 11(a).