VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00459
Package ID: USCOURTS-cofc-1_11-vv-00459
Petitioner: Angela DiSanto
Filed: 2011-07-14
Decided: 2016-02-01
Vaccine: HPV
Vaccination date: 2008-07-23
Condition: encephalitis
Outcome: compensated
Award amount USD: 135000

AI-assisted case summary:
Angela DiSanto filed a petition on July 14, 2011, alleging that human papillomavirus (HPV) vaccinations she received on July 23, 2008 and October 17, 2008 caused her to develop encephalitis, with residual effects lasting more than six months.

On September 28, 2015, the parties filed a joint stipulation. Respondent denied that the HPV vaccinations caused petitioner's encephalitis or any other injury. Nonetheless, the parties agreed to resolve the case through stipulation, and Special Master Gowen found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $135,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

On January 8, 2016, the parties filed a stipulation for attorneys' fees and costs. Special Master Gowen awarded $96,000.00, payable jointly to petitioner and her counsel, Robert J. Krakow. Petitioner had not personally incurred any reimbursable costs in pursuing her claim.

Theory of causation field:
HPV July 23 + Oct 17, 2008 → encephalitis. Joint stipulation Sept 28, 2015; respondent denied causation; SM Gowen. $135,000. Fees $96,000 (Krakow). All DB fields correct.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_11-vv-00459-0
Date issued/filed: 2015-10-22
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/29/2015) regarding 90 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:11-vv-00459-UNJ Document 94 Filed 10/22/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 11-459V
Filed: September 29, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
ANGELA DISANTO, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on Damages;
v. * HPV Vaccine; Encephalitis.
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Robert J. Krakow, Law Office of Robert J. Krakow, P.C., New York, NY, for petitioner.
Ann D. Martin, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On July 14, 2011, Angela DiSanto (“petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged
that as a result of receiving Human Papillomavirus (“HPV”) vaccinations on July 23, 2008 and
October 17, 2008, she suffered encephalitis. Petition at ¶ 9, 10, 15, docket no.1, filed July 14, 2014.
Further, petitioner alleged that she experienced residual effects of her injury for more than six
months. Id. at ¶ 19.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat.
2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by Vaccine Rule
18(b), each party has 14 days within which to request 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).
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 (2006) (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.
1

Case 1:11-vv-00459-UNJ Document 94 Filed 10/22/15 Page 2 of 7
On September 28, 2015, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation. Respondent denies that the HPV vaccinations caused
petitioner’s encephalitis or any other injury. Stipulation at ¶ 6, docket no. 89, filed Sep. 28, 2015.
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 lump sum of $135,000.00, in the form of a check payable to petitioner, Angela
DiSanto. 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.
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 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-00459-UNJ Document 94 Filed 10/22/15 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
ANGELA DiSANTO, )
)
Petitioner, )
)
v. ) No. 11-459V
) Special Master Gowen
SECRETARY OF HEALTH AND ) ECF
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
STIPULATION
The parties hereby stipulate to the following matters:
1. Angela DiSanto, 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
of the human papillomavirus (“HPV”) vaccine, which vaccine is contained in the Vaccine Injury
Table (the “Table”), 42 C.F.R. § 100.3 (a).
2. Petitioner received HPV immunizations onJuly 23, 2008, and October 17, 2008.
3. The vaccinations wereadministered within the United States.
4. Petitioner alleges that she suffered encephalitis as a result of the HPV vaccines.
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.
6. Respondent denies that HPV vaccine(s) caused petitioner to suffer from encephalitis
or any other injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the

Case 1:11-vv-00459-UNJ Document 94 Filed 10/22/15 Page 4 of 7
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 $135,000.00 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).
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.
11. Payment made pursuant to paragraph 8 of this Stipulation 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.
2

Case 1:11-vv-00459-UNJ Document 94 Filed 10/22/15 Page 5 of 7
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys’ fees and litigation costs, and past unreimbursed expenses, the money provided
pursuant to this Stipulation will be usedsolely 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, the HPV vaccinations administered on or about July 23,
2008, and October 17, 2008, as alleged by petitioner in a petition for vaccine compensation filed
on or about July 14, 2011, in the United States Court of Federal Claims as petition No. 11-459V.
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. Ifthe 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 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.
3

Case 1:11-vv-00459-UNJ Document 94 Filed 10/22/15 Page 6 of 7
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 HPV vaccine(s) caused petitioner to develop
encephalitis or any other 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 1:11-vv-00459-UNJ Document 94 Filed 10/22/15 Page 7 of 7

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_11-vv-00459-1
Date issued/filed: 2016-02-01
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 01/08/2016) regarding 96 DECISION Fees Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:11-vv-00459-UNJ Document 99 Filed 02/01/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 11-459V
Filed: January 8, 2016
* * * * * * * * * * * * * * * * UNPUBLISHED
ANGELA DISANTO, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on
v. * Attorneys’ Fees and Costs.
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Robert J. Krakow, Law Office of Robert J. Krakow, P.C., New York, NY, for petitioner.
Ann D. Martin, United States Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
On July 14, 2011, Angela Disanto (“petitioner”) filed a petition 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 receiving a Human Papillomavirus (“HPV”) vaccine on July 23, 2008 and
October 17, 2008, she suffered encephalitis. Petition at ¶ 9, 10, 15. On September 28, 2015, the
parties filed a stipulation in which they agreed to an award of compensation to petitioner. On
September 29, 2015, the undersigned issued a decision adopting the parties’ stipulation for an
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat.
2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2012)). As provided by Vaccine Rule
18(b), each party has 14 days within which to request 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).
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.
1

Case 1:11-vv-00459-UNJ Document 99 Filed 02/01/16 Page 2 of 2
award. See Decision on J. Stip., filed Sept. 29, 2015.
On January 8, 2016, the parties filed a stipulation concerning attorneys’ fees and costs.
Petitioner requests a total award of attorneys’ fees and costs in the amount of $96,000.00. Stip. for
Fees and Costs ¶ 3(a). Respondent does not object. Id. at ¶ 4. In accordance with General Order
#9, petitioner represents that she did not incur any reimbursable costs in pursuit of this claim. Id.
at ¶ 3(b).
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. § 300
aa-15(e). Based on the reasonableness of the parties’ stipulation, the undersigned GRANTS the
request for approval and payment of attorneys’ fees and costs.
Accordingly, an award should be made as follows:
(1) in the form of a check jointly payable to petitioner and to petitioner’s attorney,
Robert J. Krakow, of the Law Office of Robert J. Krakow, P.C., in the amount of
$96,000.00.
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.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
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