VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00132 Package ID: USCOURTS-cofc-1_11-vv-00132 Petitioner: Mariah Van Vessem Filed: 2011-03-02 Decided: 2017-11-21 Vaccine: HPV Vaccination date: 2008-03-04 Condition: Hodgkin’s Lymphoma Outcome: compensated Award amount USD: 25000 AI-assisted case summary: Mariah Van Vessem filed a petition on March 2, 2011, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that the human papillomavirus (HPV), tetanus-diphtheria-acellular pertussis (Tdap), and/or meningococcal vaccines administered on March 4, 2008, and a second HPV vaccine administered on August 4, 2008, caused her to develop Hodgkin's Lymphoma, with residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the petitioner's condition was caused by the vaccinations. On October 26, 2017, the parties filed a joint stipulation to resolve the case. Special Master Herbrina Sanders reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Petitioner was awarded a lump sum of $25,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Petitioner was represented by Mark Sadaka of Mark T. Sadaka, LLC, and respondent was represented by Debra A. Filteau Begley of the United States Department of Justice. Theory of causation field: Petitioner alleged that HPV, Tdap, and/or meningococcal vaccines administered on March 4, 2008, and/or a second HPV vaccine administered on August 4, 2008, caused Hodgkin's Lymphoma. The respondent denied causation. The parties entered into a joint stipulation on October 26, 2017, agreeing to an award of compensation. Special Master Herbrina Sanders approved the stipulation as reasonable and adopted it as the Court's decision. Petitioner received a lump sum award of $25,000.00. The public decision does not detail the specific mechanism of causation, expert testimony, or medical evidence presented. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_11-vv-00132-0 Date issued/filed: 2017-11-21 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/27/2017) regarding 148 DECISION - Stipulation. Signed by Special Master Herbrina Sanders. (kl) Copy to parties. (Main Document 149 replaced on 6/25/2018 to attach the Stipulation.) -------------------------------------------------------------------------------- Case 1:11-vv-00132-UNJ Document 149 Filed 11/21/17 Page 1 of 7 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. 1 This decision shall be posted on the United States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other information that satisfies the criteria in § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, the undersigned agrees that the identified material fits within the requirements of that provision, such material will be deleted from public access. 2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-10 et seq. (hereinafter “Vaccine Act,” “the Act,” or “the Program”). Hereafter, individual section references will be to 42 U.S.C. § 300aa of the Act. Case 1:11-vv-00132-UNJ Document 149 Filed 11/21/17 Page 2 of 7 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 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:11-vv-00132-UNJ Document 149 Filed 11/21/17 Page 3 of 7 Case 1:11-vv-00132-UNJ Document 149 Filed 11/21/17 Page 4 of 7 Case 1:11-vv-00132-UNJ Document 149 Filed 11/21/17 Page 5 of 7 Case 1:11-vv-00132-UNJ Document 149 Filed 11/21/17 Page 6 of 7 Case 1:11-vv-00132-UNJ Document 149 Filed 11/21/17 Page 7 of 7