V.H. v. HHS - HPV, complex regional pain syndrome (2014)

On December 10, 2012, Claudia Huerta and Eleazar Huerta, as parents and natural guardians of V.H., a minor, filed a petition under the National Vaccine Injury Compensation Program. They alleged that V.H. developed complex regional pain syndrome (CRPS) after receiving the human papillomavirus (HPV) vaccine on March 23, 2010.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on April 30, 2013, conceding that V.H. suffered CRPS due to the HPV vaccine. Based on this concession, a prior special master issued an entitlement ruling on May 3, 2013, finding V.H. was entitled to compensation and moving the case to the damages phase.

On December 5, 2014, the respondent filed a proffer awarding compensation. Special Master Brian H.

Corcoran reviewed the file and adopted the respondent's proffer as his decision on December 8, 2014. The award was structured as an amount sufficient to purchase an annuity contract.

This annuity contract would provide a certain lump-sum payment of $162,056.50 to V.H. on October 15, 2018. The proffer stated that this amount represented all elements of compensation available to V.H. under the Vaccine Act.

If V.H. were to predecease the payment date, the lump sum would be paid to her estate. The public decision does not state the purchase price of the annuity.

Petitioners were represented by Mark Theodore Sadaka of Mark T. Sadaka, LLC, and respondent was represented by Alexis Babcock of the U.S.

Department of Justice. Subsequently, on February 2, 2015, the parties filed a stipulation regarding attorneys' fees and costs.

Special Master Brian H. Corcoran approved this stipulation on February 3, 2015.

Petitioners' counsel was to receive a lump sum of $21,000.00, payable to both the petitioners and their counsel. Petitioners represented that they incurred no reimbursable costs.

The public decision does not describe the onset of symptoms, specific medical examinations, or treatments V.H. underwent.