Marisol Ledesma Tirador, as the Parent and Natural Guardian of Paola Melissa Carbo Ledesma, an Infant v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS ************************* MARISOL LEDESMA TIRADOR, * as the Parent and Natural Guardian of * PAOLA MELISSA CARBO LEDESMA, * No. 12-192V an Infant, * Special Master Christian J. Moran * Petitioner, * Filed: October 29, 2013 * v. * Stipulation; varicella vaccine; * hepatitis A vaccine; chronic SECRETARY OF HEALTH * idiopathic thrombocytopenic AND HUMAN SERVICES, * purpura; ITP. * Respondent. * ************************* Mark T. Sadaka, Mark T. Sadaka, MSPH, Esq., Englewood, NJ, for petitioner.

Jennifer L. Reynaud, United States Department of Justice, Washington, D.C., for respondent.

UNPUBLISHED DECISION1 On October 25, 2013, respondent filed a joint stipulation concerning the petition for compensation filed by Marisol Ledesma Tirador on March 26, 2012. In her petition, petitioner alleged that the varicella and hepatitis A vaccines, which are contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which her child, Paola, received on March 10, 2010, caused Paola to suffer chronic idiopathic thrombocytopenic purpura (“ITP”). Petitioner further alleges that Paola suffered the residual effects of this injury 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 condition.

Respondent denies that Paola’s alleged injury and residual effects were caused-in-fact by either the varicella vaccine or the hepatitis A vaccine. Respondent further denies that either the varicella vaccine or the hepatitis A vaccine caused Paola any other injury or her current condition.

The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002), requires that the Court post this decision on its website. 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.

Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A.

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 payment of $75,000.00 in the form of a check payable to petitioner as the Guardian/Conservator of the estate of Paola Melissa Carbo Ledesma, for the benefit of Paola Melissa Carbo Ledesma. 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 in case 12-192V according to this decision and the attached stipulation.2 Any questions may be directed to my law clerk, Tucker McCarthy, at (202) 357-6392.

IT IS SO ORDERED.

s/Christian J. Moran Christian J. Moran Special Master

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.