VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00164
Package ID: USCOURTS-cofc-1_12-vv-00164
Petitioner: Amerlindia Sanchez Vega
Filed: 2012-03-09
Decided: 2015-10-20
Vaccine: Hepatitis B
Vaccination date: 2011-03-09
Condition: pachymeningitis
Outcome: compensated
Award amount USD: 15000

AI-assisted case summary:
Amerlindia Sanchez Vega filed a petition on March 9, 2012, alleging that a Hepatitis B (Hep B) vaccination she received on March 9, 2011 caused her to develop pachymeningitis, with symptoms lasting more than six months.

Respondent denied that the Hep B vaccine caused or significantly aggravated petitioner's alleged injury or any other injury. Nonetheless, both parties agreed in a joint stipulation filed April 22, 2015 to settle the case. Special Master Moran found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $15,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

On September 14, 2015, the parties filed a stipulation for attorneys' fees and costs. After petitioner's initial application was negotiated and reduced following respondent's objections, Special Master Moran awarded $34,000.00, payable jointly to petitioner and her counsel, the Law Offices of Damaris Delgado-Vega. Petitioner had not personally incurred any out-of-pocket litigation expenses.

Theory of causation field:
Hep B Mar 9, 2011 → pachymeningitis (Table vaccine). Joint stipulation Apr 22, 2015; respondent denied causation/aggravation; SM Moran. $15,000. Fees $34,000 (Delgado-Vega, Law Offices of Damaris Delgado-Vega, San Juan PR; negotiated down from initial request). All DB fields correct.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00164-0
Date issued/filed: 2015-05-18
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/23/2015) regarding 90 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:12-vv-00164-UNJ Document 94 Filed 05/18/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
AMERLINDIA SANCHEZ VEGA, *
* No. 12-164V
Petitioner, * Special Master Moran
*
v. * Filed: April 23, 2015
*
SECRETARY OF HEALTH * Stipulation; Hepatitis B (“Hep B”);
AND HUMAN SERVICES, * pachymeningitis.
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Damaris Delgado-Vega, Law Offices of Damaris Delgado-Vega, San Juan, PR, for
Petitioner;
Darryl R. Wishard, United States Dep’t of Justice, Washington, DC, for
Respondent.
UNPUBLISHED DECISION1
On April 22, 2015, respondent filed a joint stipulation concerning the
petition for compensation filed by Amerlindia Vega on March 9, 2012. In her
petition, Ms. Vega alleged that the Hepatitis B (“Hep B”), which is contained in
the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which she
received on March 9, 2011, caused her to suffer from pachymeningitis. Petitioner
further alleges that she experienced symptoms 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 as a result of her alleged injury.
Respondent denies that the Hep B vaccine either caused or significantly
aggravated petitioner’s alleged injury or any other injury, and denies that
petitioner’s current disabilities are the result of a vaccine-related injury.
1 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 party has 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.

Case 1:12-vv-00164-UNJ Document 94 Filed 05/18/15 Page 2 of 7
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 of $15,000.00 in the form of a check payable to petitioner,
Amerlindia Sanchez Vega. 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 12-164V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Christina Gervasi, at (202)
357-6360.
IT IS SO ORDERED.
s/ Christian J. Moran
Christian J. Moran
Special Master
2 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.
2

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
AMERLINDIA SANCHEZ VEGA, )
)
Petitioner, ) No. l2-164V ECF
)
V. ) Special Master Moran
)
SECRETARY OF HEALT H )
AND HUMAN SERVICES, )
)
______Re_spo_nde_nt. _____ )
)
STIPULATION
The parties hereby stipulate to the following matters:
1. Petitioner, Amerlindia Sanchez Vega, filed a petition for vaccine compensation
W1der 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 Hepatitis B ("Hep B"), which is contained in the Vaccine Injury Table
(the "Table"), 42 C.F.R. § 100.J(a).
2. On March 9, 2011, petitioner received the Hep B vaccine.
3. The vaccine was administered within the United States.
4. Petitioner alleges that, as a result of receiving the Hep B vaccine, she suffered from
pachymeningitis, and that she experienced symptoms of this injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of her alleged injury.
6. Respondent denies that the Hep B vaccine either caused or significantly aggravated
1

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petitioner's alleged injury or any other injury, and denies that petitioner's current disabilities are
the result of a vaccine-related injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
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 ofj udgment 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-2l(a)(l), the Secretary of Health and Human
Services will issue the following vaccine compensation payment:
A lump sum of$15,000.00, 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 ofj udgment 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-2l(a)(l), 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.
l 0. 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-l 5(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
2

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awarded pursuant to paragraph 9 of this Stipulation, will be made in accordance with 42 U.S.C.
§ 300aa-l 5(i), subject to the availability of sufficient statutory funds.
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 used solely 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, 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 Hep B vaccine administered on March 9, 2011, as alleged by
petitioner in a petition for vaccine compensation filed on or about March 9, 2012, in the United
States Court of Federal Claims as petition No. 12-l 64V.
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. If the special master fails to issue a decision in complete confonnity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
3

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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.
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 the Hep B vaccine received by petitioner either
caused or significantly aggravated petitioner's alleged injury 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

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Respectfully submitted,
VTNCE~OSKl
Deputy Director
Torts Branch
Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETA RY OF HEALT H RESPONDENT:
AND HUMAN SERVICES:
~
A. MELISSA HOUSTON, M.D., M.P.H, FAAP DARRYLR. WISHARD
Director, Division of Injury Senior Trial Attorney
Compensation Programs (DICP) Torts Branch
Healthcare Systems Bureau Civil Division
U.S. Department of Health and U.S. Department of Justice
Human Services P.O. Box 146
5600 Fishers Lane Benjamin Franklin Station
Park.lawn Building, Mail Stop 11 C-26 Washington, DC 20044-0146
Rockville, MD 20857 (202) 616-4357
_4--1/__ _
l_S-_- _
Dated: 2_2 ..{... .._
5

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DOCUMENT 2: USCOURTS-cofc-1_12-vv-00164-1
Date issued/filed: 2015-10-20
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 9/18/2015) regarding 97 DECISION Fees Stipulation/Proffer. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:12-vv-00164-UNJ Document 100 Filed 10/20/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
AMERLINDIA SANCHEZ VEGA, *
* No. 12-164V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: September 18, 2015
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which respondent
* does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Damaris Delgado-Vega, Law Offices of Damaris Delgado-Vega, San Juan, PR, for
Petitioner;
Darryl R. Wishard, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On September 14, 2015, respondent filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Previously, petitioner
informally submitted a draft application for attorneys’ fees and costs to respondent
for review. Upon review of petitioner’s application, respondent raised objections to
certain items. Based on subsequent discussions, petitioner amended her application
to request $34,000.00, an amount to which respondent does not object. The Court
awards this amount.
On March 9, 2012, Amerlindia Sanchez Vega filed a petition for compensation
alleging that the Hepatitis B (“Hep B”) vaccine, which she received on March 9,
2011, caused her to suffer from pachymeningitis. Petitioner received compensation
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this ruling 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.
1

Case 1:12-vv-00164-UNJ Document 100 Filed 10/20/15 Page 2 of 2
based upon the parties’ stipulation. Decision, issued April 23, 2015. Because
petitioner received compensation, she is entitled to an award of attorneys’ fees and
costs. 42 U.S.C. § 300aa-15(e).
Petitioner seeks a total of $34,000.00 in attorneys’ fees and costs. In
compliance with General Order No. 9, petitioner’s counsel represents that petitioner
has incurred no out-of-pocket expenses in the proceedings on the petition.
Respondent has no objection to the amount requested for attorneys’ fees and costs.
After reviewing the request, the Court awards the following:
A lump sum of $34,000.00 in the form of a check made payable to
petitioner and petitioner’s attorney, the Law Offices of Damaris
Delgado-Vega, for attorneys’ fees and other litigation costs available
under 42 U.S.C. § 300aa-15(e).
The Court thanks the parties for their cooperative efforts in resolving this
matter. The Clerk shall enter judgment accordingly.
Any questions may be directed to my law clerk, Shannon Proctor, at (202) 357-
6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2