VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00192 Package ID: USCOURTS-cofc-1_12-vv-00192 Petitioner: Paola Melissa Carbo Ledesma Filed: Decided: 2013-10-29 Vaccine: varicella and hepatitis A Vaccination date: 2010-03-10 Condition: chronic idiopathic thrombocytopenic purpura (ITP) Outcome: compensated Award amount USD: AI-assisted case summary: Marisol Ledesma Tirador, as the parent and natural guardian of Paola Melissa Carbo Ledesma, an infant, filed a claim under the National Childhood Vaccine Injury Act. Paola received varicella and hepatitis A vaccines on March 10, 2010. The petition alleged that these vaccinations caused Paola to suffer chronic idiopathic thrombocytopenic purpura (ITP). The public record indicates that compensation was awarded in an underlying decision filed on October 29, 2013. The provided text is a fees-and-costs decision, not the merits decision, and therefore does not detail the respondent's causation position, the specific medical timeline, or the amount of vaccine-injury compensation awarded. On May 29, 2014, petitioner filed a motion for final attorneys' fees and costs, followed by a stipulation for fees on June 13, 2014. Special Master Christian J. Moran issued a decision on June 16, 2014, awarding fees and costs based on the stipulation. Petitioner was entitled to fees and costs because compensation had been awarded. Petitioner sought a total of $18,552.25 in attorneys' fees and costs, and an additional $3,100.00 for out-of-pocket litigation expenses. Special Master Moran awarded $15,452.25 in attorneys' fees and costs, payable jointly to petitioner Marisol Ledesma Tirador and her attorney Mark T. Sadaka, and $3,100.00 for out-of-pocket litigation expenses, payable to petitioner Marisol Ledesma Tirador. Petitioner was represented by Mark T. Sadaka of Sadaka & Associates in Englewood, New Jersey. Respondent was represented by Jennifer Reynaud of the U.S. Department of Justice. Theory of causation field: Petitioner alleged that the varicella and hepatitis A vaccines administered on March 10, 2010, caused chronic idiopathic thrombocytopenic purpura (ITP) in Paola Melissa Carbo Ledesma. The case resulted in a compensated outcome, with an underlying decision filed October 29, 2013. The public record provided is a fees-and-costs decision dated June 16, 2014, issued by Special Master Christian J. Moran. This decision does not detail the specific medical facts, onset timeline, expert testimony, or the respondent's position on causation. The decision confirms entitlement to fees and costs due to the prior compensation award. Attorneys' fees and costs totaling $15,452.25 were awarded jointly to petitioner Marisol Ledesma Tirador and attorney Mark T. Sadaka. Petitioner also received $3,100.00 for out-of-pocket litigation expenses. Petitioner was represented by Mark T. Sadaka of Sadaka & Associates, and respondent was represented by Jennifer Reynaud. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_12-vv-00192-cl-extra-2643446 Date issued/filed: 2013-10-29 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 2643446 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS ************************* MARISOL LEDESMA TIRADOR, * as the Parent and Natural Guardian of * PAOLA MELISSA CARBO LEDESMA, * No. 12-192V an Infant, * Special Master Christian J. Moran * Petitioner, * Filed: October 29, 2013 * v. * Stipulation; varicella vaccine; * hepatitis A vaccine; chronic SECRETARY OF HEALTH * idiopathic thrombocytopenic AND HUMAN SERVICES, * purpura; ITP. * Respondent. * ************************* Mark T. Sadaka, Mark T. Sadaka, MSPH, Esq., Englewood, NJ, for petitioner. Jennifer L. Reynaud, United States Department of Justice, Washington, D.C., for respondent. UNPUBLISHED DECISION1 On October 25, 2013, respondent filed a joint stipulation concerning the petition for compensation filed by Marisol Ledesma Tirador on March 26, 2012. In her petition, petitioner alleged that the varicella and hepatitis A vaccines, which are contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which her child, Paola, received on March 10, 2010, caused Paola to suffer chronic idiopathic thrombocytopenic purpura (“ITP”). Petitioner further alleges that Paola suffered the residual effects 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 on her behalf as a result of her condition. Respondent denies that Paola’s alleged injury and residual effects were caused-in-fact by either the varicella vaccine or the hepatitis A vaccine. Respondent further denies that either the varicella vaccine or the hepatitis A vaccine caused Paola any other injury or her current condition. 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 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. 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 payment of $75,000.00 in the form of a check payable to petitioner as the Guardian/Conservator of the estate of Paola Melissa Carbo Ledesma, for the benefit of Paola Melissa Carbo Ledesma. 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 12-192V according to this decision and the attached stipulation.2 Any questions may be directed to my law clerk, Tucker McCarthy, at (202) 357-6392. 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_12-vv-00192-0 Date issued/filed: 2014-09-19 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 6/16/2014) regarding 46 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:12-vv-00192-UNJ Document 50 Filed 09/19/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * * * * * MARISOL LEDESMA TIRADOR, * as the Parent and Natural Guardian of * PAOLA MELISSA CARBO LEDESMA, * No. 12-192V an Infant, * Special Master Christian J. Moran * Petitioner, * * Filed: June 16, 2014 v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * Mark T. Sadaka, Sadaka & Associates, Englewood, NJ, for Petitioner; Jennifer Reynaud, U.S. Department of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION ON FEES AND COSTS1 Petitioner, Marisol Ledesma Tirador, filed a motion for final attorneys’ fees and costs in the above-captioned matter on May 29, 2014. Petitioner later filed a stipulation for fees on June 13, 2014. The Court awards the requested amount. Petitioner alleged that the varicella and hepatitis A vaccines, which are contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which her child, Paola, received on March 10, 2010, caused Paola to suffer chronic idiopathic thrombocytopenic purpura (“ITP”). Decision, filed October 29, 2013. 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 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. Case 1:12-vv-00192-UNJ Document 50 Filed 09/19/14 Page 2 of 2 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 $18,552.25 in attorneys’ fees and costs for her counsel. Additionally, in compliance with General Order No. 9, petitioner states that she incurred $3,100.00 out-of-pocket litigation expenses while pursuing this claim. After reviewing the request, the court awards the following: 1. A lump sum of $15,452.25 in the form of a check payable to petitioner’s attorney, Mark T. Sadaka, and petitioner, Marisol Ledesma Tirador, for attorney’s fees and costs available under 42 U.S.C. § 300aa-15(e). 2. A lump sum of $3,100.00 in the form of a check payable to petitioner, Marisol Ledesma Tirador. The Court thanks the parties for their cooperative efforts in resolving this matter. The Clerk shall enter judgment accordingly.2 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