VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00180 Package ID: USCOURTS-cofc-1_18-vv-00180 Petitioner: A.S. Filed: 2018-02-05 Decided: 2023-10-31 Vaccine: DTaP; hepatitis B; IPV; Hib; PCV; rotavirus Vaccination date: 2015-02-11 Condition: Kawasaki disease, encephalopathy, and seizure disorder allegedly following DTaP, hepatitis B, IPV, Hib, PCV, and rotavirus vaccines Outcome: compensated Award amount USD: 15000 AI-assisted case summary: On February 5, 2018, Amber Barenblit, on behalf of her minor daughter A.S., filed a petition under the National Vaccine Injury Compensation Program. The petition alleged that A.S. received diphtheria-tetanus-acellular pertussis (DTaP), hepatitis B (Hep B), inactivated polio (IPV), Haemophilus influenzae type b (Hib), Pneumococcal conjugate (PCV), and Rotavirus vaccines on February 11, 2015, and April 30, 2015. It was alleged that following these vaccinations, A.S. sustained Kawasaki disease, encephalopathy, and a seizure disorder. The respondent, the Secretary of Health and Human Services, denied that A.S. sustained any vaccine-related injuries, denied that the vaccines caused her alleged injuries or any other injury, and denied that her current condition was a sequela of any vaccine-related injury. Despite these denials, the parties filed a joint stipulation on October 31, 2023, recommending an award of compensation. Special Master Nora B. Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. The stipulation provided for a lump sum award of $15,000.00, payable to Petitioner as guardian/conservator of A.S.'s estate, representing all damages available under the Vaccine Act. Petitioner was represented by Mark Theodore Sadaka of the Law Offices of Sadaka Associates, LLC. Respondent was represented by Julia Marter Collison of the U.S. Department of Justice. The public decision does not provide A.S.'s date of birth or exact age, describe her health prior to vaccination, detail the onset of symptoms, specify clinical findings, list treatments, name any treating physicians or experts, or explain a biological mechanism connecting the vaccines to the alleged injuries. The parties agreed to waive their right to seek review, and judgment was entered accordingly. Theory of causation field: Petitioner alleged that A.S. sustained Kawasaki disease, encephalopathy, and a seizure disorder as a result of DTaP, Hep B, IPV, Hib, PCV, and Rotavirus vaccines administered on February 11, 2015, and April 30, 2015. The case was resolved via joint stipulation, not through litigated causation. The public decision does not provide details regarding A.S.'s age, symptom onset, clinical presentation, diagnostic findings (e.g., echocardiograms, EEGs), treatment, or the specific biological mechanism linking the vaccines to the alleged injuries. Respondent denied vaccine causation and sequelae but agreed to a settlement. Special Master Nora B. Dorsey adopted the stipulation on October 31, 2023. The award was $15,000.00, a lump sum payable to Petitioner as guardian/conservator of A.S.'s estate, covering all Vaccine Act damages. Petitioner's counsel was Mark Theodore Sadaka of the Law Offices of Sadaka Associates, LLC; Respondent's counsel was Julia Marter Collison. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00180-1 Date issued/filed: 2023-11-27 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 10/31/2023) regarding 124 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (kis) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00180-UNJ Document 125 Filed 11/27/23 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: October 31, 2023 * * * * * * * * * * * * * * * AMBER BARENBLIT, on behalf of A.S., * a minor, * * Petitioner, * No. 18-180V * v. * Special Master Dorsey * SECRETARY OF HEALTH * Decision Based on Stipulation; Diphtheria- AND HUMAN SERVICES, * Tetanus-Acellular Pertussis (“DTaP”) * Vaccine; Hepatitis B (“Hep B”) Vaccine; Respondent. * Inactivated Polio (“IPV”) Vaccine; * Haemophilus Influenzae Type B (“Hib”) * Vaccine; Pneumococcal conjugate (“PCV”) * Vaccine; Rotavirus Vaccine; Kawasaki * Disease; Encephalopathy; Seizure Disorder. * * * * * * * * * * * * * * * Mark Theodore Sadaka, Law Offices of Sadaka Associates, LLC, Englewood, NJ, for Petitioner. Julia Marter Collison, U.S. Department of Justice, Washington, DC, for Respondent. DECISION BASED ON STIPULATION1 On February 5, 2018, Amber Barenblit, on behalf of her minor daughter A.S. (“Petitioner”), filed a petition in the National Vaccine Injury Program2 alleging that as a result of a diphtheria-tetanus-acellular pertussis (“DTaP”), hepatitis B (“Hep B”), inactivated polio 1 Because this Decision contains a reasoned explanation for the action in this case, the undersigned is required to post it on the United States Court of Federal Claims’ website and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc in accordance with the E- Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Decision will be available to anyone with access to the Internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. 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-10 to -34 (2018) (“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 1:18-vv-00180-UNJ Document 125 Filed 11/27/23 Page 2 of 8 (“IPV”), haemophilus influenzae type b (“Hib”), Pneumococcal conjugate (“PCV”), and Rotavirus vaccines administered on February 11, 2015 and April 30, 2015, A.S. sustained Kawasaki Disease, encephalopathy, and a seizure disorder. Petition at Preamble (ECF No. 1). On October 31, 2023, the parties filed a stipulation recommending an award of compensation to Petitioner. Stipulation (ECF No. 123). Respondent denies that A.S. sustained any vaccine-related injuries; denies that the vaccines caused A.S.’s alleged injuries, or any other injury; and denies that her current condition is a sequalae of any vaccine-related injury. 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 $15,000.00, in the form of a check payable to Petitioner as guardian/conservator of A.S.’s estate. Stipulation at ¶ 8. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). 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 Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Nora B. Dorsey Nora B. 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 Case 1:18-vv-00180-UNJ Document 125 Filed 11/27/23 Page 3 of 8 Case 1:18-vv-00180-UNJ Document 125 Filed 11/27/23 Page 4 of 8 Case 1:18-vv-00180-UNJ Document 125 Filed 11/27/23 Page 5 of 8 Case 1:18-vv-00180-UNJ Document 125 Filed 11/27/23 Page 6 of 8 Case 1:18-vv-00180-UNJ Document 125 Filed 11/27/23 Page 7 of 8 Case 1:18-vv-00180-UNJ Document 125 Filed 11/27/23 Page 8 of 8