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

Filed 2012-12-10Decided 2014-12-08Vaccine HPV
compensated

Case summary [AI summaries can sometimes make mistakes]

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.

Theory of causation

Petitioners Claudia Huerta and Eleazar Huerta, as parents of minor V.H., filed a petition alleging that V.H. suffered complex regional pain syndrome (CRPS) as a result of receiving the human papillomavirus (HPV) vaccine on March 23, 2010. The respondent conceded entitlement in a Rule 4(c) Report filed April 30, 2013, acknowledging that V.H. suffered CRPS due to the HPV vaccine. An entitlement ruling was issued on May 3, 2013. Special Master Brian H. Corcoran adopted the respondent's damages proffer on December 8, 2014, awarding compensation in the form of an amount sufficient to purchase an annuity contract. This annuity will provide a lump-sum payment of $162,056.50 to V.H. on October 15, 2018. The annuity purchase price and the present value of the award are not stated in the public decision. The public decision does not detail the specific mechanism of causation or name any medical experts. Petitioners were represented by Mark Theodore Sadaka, and respondent was represented by Alexis Babcock. Attorneys' fees and costs were stipulated and awarded as $21,000.00 on February 3, 2015.

Source PDFs 2 total · 2 downloaded