VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00620
Package ID: USCOURTS-cofc-1_11-vv-00620
Petitioner: Danielle Schmidt
Filed: 2011-09-28
Decided: 2016-09-16
Vaccine: HPV
Vaccination date: 2009-11-07
Condition: aplastic anemia
Outcome: compensated
Award amount USD: 70000

AI-assisted case summary:
Danielle Schmidt filed a petition on September 28, 2011, alleging that an HPV (Gardasil) vaccination she received on November 7, 2008 caused her to develop a reactivated Epstein-Barr virus (EBV) infection and aplastic anemia, with residual effects lasting more than six months.

During the pendency of the case, the parties stipulated to an interim award of $47,000.00 in attorneys' fees and costs, which Special Master Dorsey approved in June 2015. Respondent waived its statutory objection to the interim fees request in light of the specific circumstances of the case.

On August 19, 2016, the parties filed a joint stipulation for damages. Respondent denied that petitioner's reactivated EBV infection, aplastic anemia, or any other condition was caused by her HPV vaccination. Nonetheless, the parties agreed to resolve the case through stipulation, and Chief Special Master Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $70,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

Theory of causation field:
HPV Gardasil Nov 7, 2008 → reactivated EBV + aplastic anemia. Interim fees $47,000 (June 2015; respondent waived statutory objection). Joint stipulation Aug 19, 2016; respondent denied causation; Chief SM Dorsey. $70,000. All DB fields correct.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_11-vv-00620-0
Date issued/filed: 2015-07-14
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 6/12/2015) regarding 80 DECISION Interim Fees Stipulation. Signed by Special Master Nora Beth Dorsey. (ca1) Copy to parties.
--------------------------------------------------------------------------------
Case 1:11-vv-00620-UNJ Document 89 Filed 07/14/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Case No. 11-620V
Filed: June 12, 2015
* * * * * * * * * * * * * *
DANIELLE SCHMIDT, * UNPUBLISHED
*
Petitioner, *
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH * Interim Attorneys’ Fees and Costs;
AND HUMAN SERVICES, * Stipulation.
*
Respondent. *
*
* * * * * * * * * * * * *
Mark T. Sadaka, Mark T. Sadaka, LLC, Englewood, NJ, for petitioner.
Debra A. Begley, United States Department of Justice, Washington, DC, for respondent.
INTERIM ATTORNEYS’ FEES AND COSTS DECISION1
On September 28, 2011, Danielle Schmidt (“petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner
alleges that she suffered aplastic anemia as a result of a Human Papillomavirus (“HPV”)
vaccination she received on November 7, 2009. See Petition at Preamble.
Respondent continues to defend this case as of the date of this Decision. However, on June
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this decision 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, 116 Stat. 2899,
2913 (Dec. 17, 2002). 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). Otherwise, the entire decision will be available to the
public. 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 (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-00620-UNJ Document 89 Filed 07/14/15 Page 2 of 2
10, 2015, the parties filed a stipulation concerning an award of interim attorneys’ fees and costs.
In the stipulation, respondent indicated that, “taking into consideration the specific circumstances
presented in this case, respondent elects not to raise her statutory objection under Section 15(e)(1)
at this time in response to this particular request for interim attorneys’ fees and costs.” Stipulation
at ¶ 4. Accordingly, based on the circumstances of this case, respondent does not object to an
award of interim attorneys’ fees and costs in the amount of $47,000.00. Id. at ¶ 5. In accordance
with General Order #9, petitioner represents that she did not personally incur any costs in pursuit
of her claim to date. Id. at ¶ 3.
An award of interim attorneys’ fees and costs are appropriate under the Vaccine Act. See
42 U.S.C. § 300 aa-15(e); see also Faoro v. Sec’y of Health and Human Servs., No. 10-704, 2014
WL 5654330 (Fed. Cl. Spec. Mstr. Oct. 15, 2015). Based on the reasonableness of petitioner’s
request and the lack of any objection by respondent, the undersigned GRANTS the request for
approval and payment of interim 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,
Mark T. Sadaka, of the law firm Mark T. Sadaka, LLC, in the amount of
$47,000.00.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the
court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
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

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DOCUMENT 2: USCOURTS-cofc-1_11-vv-00620-1
Date issued/filed: 2016-09-16
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/22/2016) regarding 139 DECISION Stipulation/Proffer Signed by Chief Special Master Nora Beth Dorsey. (tlf) Copy to parties.
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Case 1:11-vv-00620-UNJ Document 140 Filed 09/16/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 11-620V
Filed: August 22, 2016
* * * * * * * * * * * * * UNPUBLISHED
DANIELLE SCHMIDT, *
*
Petitioner, * Chief Special Master Dorsey
*
v. * Joint Stipulation on Damages;
* Human Papillomavirus Vaccine
SECRETARY OF HEALTH * (“HPV”/”Gardasil”); Aplastic
AND HUMAN SERVICES, * Anemia; Epstein Barr Virus (“EBV”)
*
Respondent. *
*
* * * * * * * * * * * * *
Mark T. Sadaka, Mark T. Sadaka, LLC, Englewood, NJ, for petitioner.
Debra Begley, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On September 28, 2011, Danielle Schmidt 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”/“Gardasil”) vaccine on November
7, 2008, she developed a reactivated Epstein Barr virus infection and aplastic anemia.
Stipulation at ¶ 4. Petitioner further alleged that she has experienced the residual effects of this
injury for more than six months. Id.
On August 19, 2016, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation. Respondent denies that petitioner’s alleged
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, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services). 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-00620-UNJ Document 140 Filed 09/16/16 Page 2 of 7
reactivated Epstein Barr virus infection and/or aplastic anemia, or any other condition, was
caused-in-fact by her HPV vaccination. Stipulation at ¶ 6. 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 in compensation:
a. A lump sum of $70,000.00 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, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms
of the parties’ stipulation.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief 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

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