VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01508 Package ID: USCOURTS-cofc-1_18-vv-01508 Petitioner: Mary Rendon Filed: 2018-09-28 Decided: 2023-03-28 Vaccine: influenza Vaccination date: 2016-11-23 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 37500 AI-assisted case summary: Mary Rendon filed a petition on September 28, 2018, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 23, 2016. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's alleged adhesive capsulitis, shoulder injury, or any other injury. Despite maintaining their respective positions, the parties reached a stipulation to settle the case. The stipulation provided for a lump sum payment of $37,500.00 to compensate Ms. Rendon for all damages. Special Master Thomas L. Gowen adopted the stipulation and awarded the compensation. The decision was issued on March 28, 2023. The public decision does not describe the specific onset of symptoms, medical tests, or treatments. Petitioner was represented by Mark T. Sadaka of the Law Offices of Sadaka Associates, LLC, and respondent was represented by Debra A. Begley of the Dept. of Justice. Theory of causation field: Petitioner Mary Rendon alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on November 23, 2016. The case proceeded as a Table claim, as SIRVA is listed on the Vaccine Injury Table. Respondent denied causation. The parties reached a stipulation for settlement, agreeing to a lump sum payment of $37,500.00 to compensate petitioner for all damages. Special Master Thomas L. Gowen adopted the stipulation on March 28, 2023. The public text does not name specific medical experts or detail the mechanism of injury beyond its classification as SIRVA. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01508-0 Date issued/filed: 2023-03-28 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 02/22/2023) regarding 72 DECISION Stipulation. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01508-UNJ Document 76 Filed 03/28/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: February 22, 2023 * * * * * * * * * * * * * MARY RENDON, * * Petitioner, * No. 18-1508V * v. * Special Master Gowen * SECRETARY OF HEALTH * AND HUMAN SERVICES, * Decision on Stipulation; Influenza; * Shoulder Injury Related to Vaccine Respondent. * Administration (SIRVA) * * * * * * * * * * * * * Mark T. Sadaka, Law Offices of Sadaka Associates, LLC, Englewood, NJ, for petitioner. Debra A. Begley, Dept. of Justice, Washington, D.C., for respondent. DECISION ON STIPULATION1 On September 28, 2018, Mary Rendon (“petitioner”) filed a petition in the National Vaccine Injury Program.2 Petition (ECF No. 1). Petitioner alleged that as a result of receiving the influenza (“flu”) vaccine on November 23, 2016, she suffered a shoulder injury related to vaccine administration. Id. at Preamble. On February 22, 2023, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation (ECF No. 71). Respondent denies that the flu vaccine was the cause of petitioner’s alleged adhesive capsulitis, shoulder injury, or any other injury or her current condition. Id. at ¶ 6. Nevertheless, maintaining their respective positions, the parties now agree that the issues between them shall be settled and that a decision 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s website, each party has 14 days to file a motion requesting 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). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the court’s website without any changes. Id. 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-1 to -34 (2012) (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. Case 1:18-vv-01508-UNJ Document 76 Filed 03/28/23 Page 2 of 7 should be entered awarding compensation to the petitioner according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7. The stipulation provides: 1) A lump sum payment of $37,500.00 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). I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. The Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). 2 Case 1:18-vv-01508-UNJ Document 76 Filed 03/28/23 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ************************************* MARY RENDON, * * Petitioner, * No. 18-1508V * SPECIAL MASTER GOWEN v. * * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * ************************************* STIPULATION The parties hereby stipulate to the following matters: 1. Petitioner filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the “Vaccine Program”). The petition seeks compensation for injuries allegedly related to petitioner’s receipt an influenza vaccine, which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3 (a). 2. Petitioner received a flu immunization in her left shoulder on November 23, 2016. 3. The vaccine was administered within the United States. 4. Petitioner alleges that she sustained a shoulder injury related to vaccine administration (“SIRVA”) within the time period set forth in the Table. In the alternative, she alleges that she developed adhesive capsulitis and/or other shoulder injuries that were caused-in- fact by the flu vaccination. She further alleges that she has experienced residual effects of her injury for more than six months. 5. 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 condition. Case 1:18-vv-01508-UNJ Document 76 Filed 03/28/23 Page 4 of 7 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused petitioner’s alleged adhesive capsulitis, shoulder injury, or any other injury; and denies that her current condition is a sequelae of a vaccine-related injury. 7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation. 8. As soon as practicable after an entry of judgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(1), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $37,500.00 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). 9. As soon as practicable after the entry of judgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(1), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys’ fees and costs incurred in proceeding upon this petition. 10. Petitioner and her attorney represent that compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa- 15(g), to the extent that payment has been made or can reasonably be expected to be made under any State compensation programs, insurance policies, Federal or State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. §1396 et seq.)), or by entities that provide health services on a pre-paid basis. 2 Case 1:18-vv-01508-UNJ Document 76 Filed 03/28/23 Page 5 of 7 11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the availability of sufficient statutory funds. 12. The parties and their attorneys further agree and stipulate that, except for any award for attorneys’ fees, and litigation costs, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-15(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in her individual capacity and on behalf of her heirs, executors, administrators, successors or assigns, does forever irrevocably and unconditionally release, acquit and discharge the United States and the Secretary of Health and Human Services from any and all actions or causes of action (including agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever kind or nature) that have been brought, could have been brought, or could be timely brought in the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or alleged to have resulted from, a flu vaccination administered on November 23, 2016, as alleged by petitioner in a petition for vaccine compensation filed on or about September 28, 2018, in the United States Court of Federal Claims as petition No. 18-1508V. 14. If petitioner should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 15. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity 3 Case 1:18-vv-01508-UNJ Document 76 Filed 03/28/23 Page 6 of 7 with a decision that is in complete conformity with the terms of this Stipulation, then the parties’ settlement and this Stipulation shall be voidable at the sole discretion of either party. 16. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award described in this Stipulation may reflect a compromise of the parties’ respective positions as to liability and/or amount of damages, and further, that a change in the nature of the injury or condition or in the items of compensation sought, is not grounds to modify or revise this agreement. 17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that petitioner sustained a SIRVA Table injury; that the flu vaccine caused petitioner’s alleged adhesive capsulitis, shoulder injuries, or any other injury; or that her current condition is a sequela of a vaccine-related injury. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner’s heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION / / / / / / / / / / / / 4 Case 1:18-vv-01508-UNJ Document 76 Filed 03/28/23 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_18-vv-01508-cl-extra-10734319 Date issued/filed: 2024-09-04 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10267729 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: April 10, 2024 * * * * * * * * * * * * * * MARY RENDON, * * Petitioner, * No. 18-1508V * v. * Special Master Gowen * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * Mark Theodore Sadaka, Law Offices of Sadaka Associates, LLC, Englewood, NJ, for Petitioner. Debra A. Filteau Begley, United States Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEYS’ FEES AND COSTS1 On September 28, 2018, Mary Rendon, (“petitioner”) filed a motion for attorneys’ fees and costs. Petitioner’s Motion for Attorney Fees (“Fees App.”) (ECF No. 77). For the reasons discussed below, I GRANT Petitioner’s motion for attorneys’ fees and costs and award a total of $44,409.87. I. Procedural History On September 28, 2018, Mary Rendon, (“petitioner”) filed a claim in the National Vaccine Injury Compensation Program.2 See Petition (ECF No. 1). Petitioner alleged that as a result of receiving the influenza (“flu”) vaccine on November 23, 2016, she suffered a shoulder injury related to vaccine administration. On February 22, 2023, the parties filed a stipulation, which I adopted as my decision awarding compensation on the same day. (ECF No. 72). 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), 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, I agree that the identified material fits within this definition, I 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 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. On April 25, 2023, Petitioner filed a motion for attorneys’ fees and costs. Petitioner requests compensation in the total amount of $44,409.87, representing $42,268.05 in attorneys’ fees and $2,141.82 in costs. Fees App., Ex. A at 33, 35. Pursuant to General Order No. 9, Petitioner warrants she has not personally incurred any costs in pursuit of her claim. (ECF No. 80). Respondent did not file a response. Petitioner filed a reply on May 30, 2023, highlighting Respondent’s lack of response and relying on the information provided in her original application. (ECF No. 78). The matter is now ripe for adjudication. II. Analysis Under the Vaccine Act, the special master may award reasonable attorneys' fees and costs for a petition that does not result in an award of compensation but was filed in good faith and supported by a reasonable basis. § 300aa–15(e)(1). Here, because Petitioner was awarded compensation pursuant to a stipulation, she is entitled to an award of reasonable attorneys’ fees and costs. Petitioners “bea[r] the burden of establishing the hours expended, the rates charged, and the expenses incurred” are reasonable. Wasson v. Sec'y of Health & Human Servs., 24 Cl. Ct. 482, 484 (1993). Adequate proof of the claimed fees and costs should be presented when the motion is filed. Id. at 484 n. 1. The special master has the discretion to reduce awards sua sponte, independent of enumerated objections from the respondent. Sabella v. Sec'y of Health & Human Servs., 86 Fed. Cl. 201, 208–09 (Fed. Cl. 2009); Savin v. Sec'y of Health & Human Servs., 85 Fed. Cl. 313 (Fed. Cl. 2008), aff'd No. 99–537V, 2008 WL 2066611 (Fed. Cl. Spec. Mstr. Apr. 22, 2008). a. Attorneys’ Fees Petitioner requests a total of $42,268.05 in attorneys’ fees for work done by her attorney, Mr. Mark Sadaka and Mr. Sadaka’s paralegals, Ms. Keri Congiusti and Ms. Michele Curry. Petitioner requests the following rates for the work of her counsel, Mr. Mark Sadaka: $376.38 per hour for work performed in 2017; $396.00 per hour for work performed in 2018; $405.00 per hour for work performed in 2019; $422.00 per hour for work performed in 2020; $444.00 per hour for work performed in 2021; $458.00 per hour for work performed in 2022; and $482.00 per hour for work performed in 2023. Fees App. at 2; Fees App. Ex. A at 40. Petitioner also requests the following rates for work performed by Mr. Sadaka’s paralegals. She requests the following rates for Ms. Keri Congiusti: $145.17 per hour for work performed in 2017; $150.55 per hour for work performed in 2018; and $156.00 per hour for work performed in 2019. She requests the following rates for Ms. Michele Curry: $145.17 per hour for work performed in 2017; $150.55 per hour for work performed in 2018; $163.00 per hour for work performed in 2020; $172.00 per hour for work performed in 2021; $177.00 per hour for work performed in 2022; and $186.00 per hour for work performed in 2023. Fees App. at 2; Fees App. Ex. A at 40. 2 These rates are consistent with what Mr. Sadaka and Ms. Curry have previously been awarded for work in the Vaccine Program, and I find them to be reasonable for their work performed in the instant case. Turning next to review of the submitted billing statement, I find that the overall hours spent on this matter are reasonable. The entries are reasonable and accurately describe the work performed and the length of time it took to perform each task. See generally Fees App. Ex. A. Respondent has also not identified any particular entries as objectionable. Therefore, petitioner is entitled to $42,268.05 in attorneys’ fees. b. Attorneys’ Costs Like attorneys’ fees, a request for reimbursement of costs must be reasonable. Perreira v. Sec’y of Health & Human Servs., 27 Fed. Cl. 29, 34 (Fed. Cl. 1992). Petitioner requests total attorneys’ costs in the amount of $2,141.82. This amount is comprised of acquiring medical records, postage, and the Court’s filing fee. Fees App. Ex. B at 34-35. Petitioner has provided adequate documentation supporting all of her requested costs and Respondent also has not identified any particular costs as objectionable. Petitioner is therefore awarded the full amount of costs sought. III. Conclusion In accordance with the foregoing, I hereby GRANT petitioner’s motion for attorneys’ fees and costs and find that Petitioner is entitled to a reimbursement of attorneys’ fees and costs as follows: Attorneys’ Fees Requested $42,268.05 (Reduction of Fees) - Total Attorneys’ Fees Awarded $42,268.05 Attorneys’ Costs Requested $2,141.82 (Reduction of Costs) - Total Attorneys’ Costs Awarded $2,141.82 Total Attorneys’ Fees and Costs $44,409.86 Accordingly, I award the following: a lump sum in the amount of $44,409.86, representing reimbursement for Petitioner’s attorneys’ fees and costs, in the form of a check payable to Petitioner and her attorney, Mr. Mark Sadaka.3 3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all charges by the attorney against a client, “advanced costs,” and fees for legal services rendered. Furthermore, Section 15(e)(3) prevents an attorney from charging or collecting fees (including costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991). 3 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.4 IT IS SO ORDERED. /s/Thomas L. Gowen Thomas L. Gowen Special Master 4 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review. Vaccine Rule 11(a). 4