Van Vessem v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 11-132V

Filed: October 27, 2017

* * * * * * * * * * * * * Special Master Sanders MARIAH VAN VESSEM, *

* Joint Stipulation on Damages; Human Petitioner, * Papillomavirus (“HPV”) Vaccine; Tetanus-

* Diphtheria-Acellular Pertussis (“Tdap”) * Vaccine; Meningococcal Vaccine;

v. * Hodgkin’s Lymphoma (“HL”).

*

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

*

Respondent. *

*

* * * * * * * * * * * * * Mark Sadaka, Mark T. Sadaka, LLC, Englewood, NJ, for Petitioner.

Debra A. Filteau Begley, United States Department of Justice, Washington, DC, for Respondent.

DECISION1

On March 2, 2011, Mariah Van Vessem (“Petitioner”) petitioned for compensation pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2012). Petitioner alleged that as a result of the human papillomavirus (“HPV”), tetanus- diphtheria-acellular pertussis (“Tdap”), and/or meningococcal vaccines administered on March 4, 2008, and/or her second HPV vaccine administered on August 4, 2008, she developed Hodgkin’s Lymphoma (“HL”). See Stipulation for Award at ¶¶ 1-4, filed Oct. 26, 2017. Petitioner further alleged that she experienced residual effects of her injury for more than six months. Id. at ¶ 4.

On October 26, 2017, the parties filed a stipulation in which they state that a decision should be entered awarding compensation to Petitioner. Respondent denies that Petitioner’s alleged HL, or any other injury, was caused-in-fact by her HPV, Tdap, and/or meningococcal vaccinations. 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. A lump sum of $25,000.00, 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).

Id. at ¶ 8.

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 the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3

IT IS SO ORDERED. s/Herbrina D. Sanders Herbrina D. Sanders Special Master