VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01235
Package ID: USCOURTS-cofc-1_18-vv-01235
Petitioner: KURT SONNENBURG
Filed: 2018-08-17
Decided: 2023-10-06
Vaccine: flu
Vaccination date: 2016-10-03
Condition: small fiber neuropathy
Outcome: compensated
Award amount USD: 43695

AI-assisted case summary:
Kurt Sonnenburg filed a petition on August 17, 2018, alleging that he suffered small fiber neuropathy caused by his flu vaccination on October 3, 2016. Respondent recommended against compensation in February 2020. Petitioner filed expert reports in support of his claim in December 2020 and May 2022. On January 19, 2023, petitioner moved for an award of interim attorneys' fees and costs totaling $43,695.90. Respondent deferred to the court's discretion. The Special Master found the petition was filed in good faith and with a reasonable basis, and that the request for interim fees and costs was reasonable given the protracted nature of the case and the need for costly experts. The Special Master awarded petitioner $43,695.90 in interim attorneys' fees and costs.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01235-0
Date issued/filed: 2023-10-31
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/6/2023) regarding 65 DECISION of Special Master - Interim Attorney's Fees. Signed by Special Master Daniel T. Horner. (sh) Service on parties made.
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Case 1:18-vv-01235-KCD Document 69 Filed 10/31/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1235V
Filed: October 6, 2023
KURT SONNENBURG., Special Master Horner
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Mark T. Sadaka, Sadaka Associates LLC, Englewood, NJ, for petitioner.
Michael Joseph Lang, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING INTERIM ATTORNEYS’ FEES AND COSTS1
On August 17, 2018, petitioner filed a petition under the National Childhood
Vaccine Injury Act, 42 U.S.C. § 300aa-10-34 (2012), alleging that he suffered small fiber
neuropathy caused by his October 3, 2016, flu vaccination. (ECF No. 1.) Respondent
filed his Rule 4 Report recommending against compensation on February 4, 2020.
(ECF No. 26.) Petitioner filed expert reports supporting his claim on December 8, 2020,
and May 26, 2022. (ECF Nos. 34, 50.) On January 19, 2023, petitioner moved for an
award of interim attorneys’ fees and costs totaling $43,695.90, including $34,943.00 in
fees and $8,752.90. (ECF No. 58.) Respondent filed a response on January 23, 2023,
deferring to the undersigned’s discretion. (ECF No. 59.) This case has now been
pending for approximately five years.
Section 15(e)(1) of the Vaccine Act allows for the special master to award
“reasonable attorneys' fees, and other costs.” § 300aa–15(e)(1)(A)–(B). Even if their
claim is unsuccessful, petitioners are entitled to an award of reasonable attorneys’ fees
1 Because this decision contains a reasoned explanation for the special master’s action in this case, it will
be posted on the United States Court of Federal Claims’ website in accordance with the E-Government
Act of 2002. See 44 U.S.C. § 3501 note (2012) (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 the special master, upon review, agrees that the identified material fits within this definition, it will be
redacted from public access.

Case 1:18-vv-01235-KCD Document 69 Filed 10/31/23 Page 2 of 2
and costs if the special master finds that the petition was filed in good faith and with a
reasonable basis. Avera v. Sec'y of Health & Human Servs., 515 F.3d 1343, 1352 (Fed.
Cir. 2008). The Federal Circuit has additionally concluded that interim fee awards are
permissible and appropriate under the Vaccine Act. Shaw v. Sec’y of Health & Human
Servs., 609 F.3d 1372 (Fed. Cir. 2010); Avera, 515 F.3d at 1352. In Avera, the Federal
Circuit held that, “[i]nterim fees are particularly appropriate in cases where proceedings
are protracted and costly experts must be retained.” Avera, 515 F.3d at 1352. In Shaw,
the Federal Circuit clarified that “where the claimant establishes that the cost of litigation
has imposed an undue hardship and there exists a good faith basis for the claim, it is
proper for the special master to award interim attorneys’ fees.” 609 F.3d at 1375. I find
that petitioner’s request for an award for interim attorneys’ fees and costs is reasonable
at this juncture.
It is “well within the special master’s discretion” to determine the reasonableness
of fees. Saxton v. Sec’y of Health & Human Servs., 3 F.3d 1517, 1521-22 (Fed. Cir.
1993); see also Hines v. Sec’y of Health & Human Servs., 22 Cl. Ct. 750, 753 (1991)
(“[T]he reviewing court must grant the special master wide latitude in determining the
reasonableness of both attorneys’ fees and costs.”). The Federal Circuit has approved
the lodestar approach to determine reasonable attorneys’ fees and costs under the
Vaccine Act. Avera, 515 F.3d at 1347. I have reviewed counsel’s billing records. The
hours requested appear reasonable and counsel has charged hourly rates consistent
with what he has previously been awarded.
Attorneys’ costs must be reasonable as well. See Perreira v. Sec’y of Health &
Human Servs., 27 Fed. Cl. 29, 34 (1992) (“The conjunction ‘and’ conjoins both
‘attorneys’ fees’ and ‘other costs’ and the word ‘reasonable’ necessarily modifies both.
Not only must any request for reimbursement of attorneys’ fees be reasonable, so also
must any request for reimbursement of costs.”). I have reviewed the invoices counsel
has submitted. I find the documentation to be adequate and the costs incurred to have
been reasonable.
In light of the above, petitioner’s motion for an award of interim attorneys’ fees
and costs is hereby GRANTED. Petitioner is awarded $43,695.90, including
$34,943.00 for interim attorneys’ fees and $8,752.90 for interim attorneys’ costs.
Accordingly, I award a total of $43,695.90 as a lump sum in the form of a check
payable to petitioner and her counsel, Mark T. Sadaka.
The clerk of the court shall enter judgment in accordance herewith.2
IT IS SO ORDERED.
s/Daniel T. Horner
Daniel T. Horner
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2