VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01236 Package ID: USCOURTS-cofc-1_18-vv-01236 Petitioner: Victoria Kanter Filed: 2018-08-17 Decided: 2023-08-29 Vaccine: MMR Vaccination date: 2016-08-26 Condition: right ulnar neuropathy and paresthesias Outcome: compensated Award amount USD: 10000 AI-assisted case summary: Victoria Kanter filed a petition on August 17, 2018, alleging that the measles, mumps and rubella virus live vaccine (MMR) received on August 26, 2016, and October 10, 2016, and the Fluvirin and Boostrix vaccinations received on November 14, 2016, caused her to suffer from vaccine-induced right ulnar neuropathy and paresthesias. She alternatively alleged that these vaccinations significantly aggravated her conditions and that her symptoms persisted for more than six months. Respondent denied that the vaccines caused the alleged injuries. The parties subsequently filed a joint stipulation for compensation. Special Master Christian J. Moran reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Victoria Kanter was awarded a lump sum of $10,000.00, payable by check to the petitioner, as compensation for all damages. The public decision does not describe the specific onset of symptoms, clinical details, medical tests, treatments, or expert witnesses. Judgment was to be entered according to the decision and stipulation, unless a motion for review was filed. Theory of causation field: Petitioner Victoria Kanter alleged that the MMR vaccine administered on August 26, 2016, and October 10, 2016, and the Fluvirin and Boostrix vaccinations administered on November 14, 2016, caused or aggravated her right ulnar neuropathy and paresthesias, with symptoms persisting for over six months. Respondent denied causation. The parties reached a joint stipulation for compensation, which was adopted by Special Master Christian J. Moran. The public decision does not detail the specific mechanism of injury, medical experts, or evidence presented. The award was a lump sum of $10,000.00 for all damages. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01236-0 Date issued/filed: 2023-09-20 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 8/29/2023) regarding 113 DECISION Fees Stipulation/Proffer, Signed by Special Master Christian J. Moran. (dksc) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01236-UNJ Document 118 Filed 09/20/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * * * * * VICTORIA KANTER, * * No. 18-1236V Petitioner, * Special Master Christian J. Moran * v. * * Filed: August 29, 2023 SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * Mark Theodore Sadaka, Law Offices of Sadaka Associates, LLC, Englewood, NJ, for Petitioner; Julia Marter Collison, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On August 28, 2023, the parties filed a joint stipulation concerning the petition for compensation filed by Victoria Kanter on August 17, 2018. Petitioner alleges that the measles, mumps and rubella virus live vaccine (“MMR”) she received on August 26, 2016 and October 10, 2016 and the Fluvirin and Boostrix vaccinations she received on November 14, 2016 caused her to suffer from a vaccine-induced right ulnar neuropathy and paresthesias. She alleges, alternatively, that the vaccinations significantly aggravated her conditions. Petitioner further alleges that her symptoms persisted for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her alleged injuries. Respondent denies that the vaccines caused petitioner to suffer from right ulnar neuropathy and paresthesias. 1 Because this decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted 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), the parties have 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. Any changes will appear in the document posted on the website. Case 1:18-vv-01236-UNJ Document 118 Filed 09/20/23 Page 2 of 7 Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Damages awarded in that stipulation include: A lump sum of $10,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment according to this decision and the attached stipulation.2 IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 2 Case 1:18-vv-01236-UNJ Document 118 Filed 09/20/23 Page 3 of 7 Case 1:18-vv-01236-UNJ Document 118 Filed 09/20/23 Page 4 of 7 Case 1:18-vv-01236-UNJ Document 118 Filed 09/20/23 Page 5 of 7 Case 1:18-vv-01236-UNJ Document 118 Filed 09/20/23 Page 6 of 7 Case 1:18-vv-01236-UNJ Document 118 Filed 09/20/23 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_18-vv-01236-cl-extra-10735681 Date issued/filed: 2024-04-09 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10269091 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS ********************** VICTORIA KANTER, * * No. 18-1236V Petitioner, * Special Master Christian J. Moran * v. * * Filed: March 13, 2024 SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * ********************* Mark Theodore Sadaka, Law Offices of Sadaka Associates, LLC, Englewood, NJ, for Petitioner; Julia Marter Collison, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 Pursuant to 42 U.S.C. § 300aa-15(e), petitioner has requested a total of $76,150.35 in attorneys’ fees and costs. The undersigned tentatively found that petitioner requested a reasonable amount and was entitled to the full amount requested. The undersigned allowed respondent an opportunity to comment. Respondent did not interpose any objections within the time permitted. Petitioner’s attorney, attorney staff, and expert have requested hourly rates that are consistent with the rates previously awarded. The number of hours is reasonable. Thus, the amount requested is reasonable. 1 The E-Government, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). 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. Petitioner is awarded $76,150.35. This amount shall be made payable as a lump sum in the form of a check jointly payable to petitioner and petitioner’s counsel, Mark Sadaka. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith. 2 IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review. 2