VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00854
Package ID: USCOURTS-cofc-1_12-vv-00854
Petitioner: V.H.
Filed: 2012-12-10
Decided: 2014-12-08
Vaccine: HPV
Vaccination date: 2010-03-23
Condition: complex regional pain syndrome
Outcome: compensated
Award amount USD: 

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00854-0
Date issued/filed: 2015-01-05
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 12/8/2014) regarding 56 DECISION Stipulation/Proffer (Signed by Special Master Brian H. Corcoran.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:12-vv-00854-UNJ Document 60 Filed 01/05/15 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-854V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
CLAUDIA HUERTA and * Filed: December 8, 2014
ELEAZAR HUERTA, *
as the Parents and Natural Guardians *
of V.H., a Minor, * Decision by Proffer; Damages;
* Human Papillomavirus (“HPV”)
Petitioners, * Vaccine; Complex Regional Pain
* Syndrome (“CRPS”)
v. *
*
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Mark Theodore Sadaka, Mark T. Sadaka, LLC, Englewood, NJ, for Petitioners.
Alexis Babcock, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On December 10, 2012, Claudia Huerta and Eleazar Huerta, as parents of a minor child,
V.H., filed a petition seeking compensation under the National Vaccine Injury Compensation
Program.2 Petitioners alleged that V.H. suffered from complex regional pain syndrome (“CRPS”)
as a result of receiving the human papillomavirus (“HPV”) vaccine on March 23, 2010.
1 Because this decision contains a reasoned explanation for my action in this case, it will be posted 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,
§ 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by 42 U.S.C. §
300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To
do so, Vaccine Rule 18(b) provides that 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 decision will be available to the
public. Id.
2 The National Vaccine Injury Compensation Program comprises 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.A. ' 300aa-10 – 34 (2006))
[hereinafter “Vaccine Act” or “the Act”]. Individual sections references hereafter will be to ' 300aa of the Act.

Case 1:12-vv-00854-UNJ Document 60 Filed 01/05/15 Page 2 of 4
In her Rule 4(c) Report, filed on April 30, 2013, Respondent conceded that V.H. had
suffered CRPS due to receipt of the HPV vaccine. In view of Respondent’s concession the
special master previously responsible for this action issued a ruling, dated May 3, 2013, finding
that Petitioners had established that V.H. was entitled to compensation for the injury, and
subsequently issued an order indicating that this case was ready for the damages phase. On
December 5, 2014, Respondent filed a proffer awarding compensation.
I have reviewed the file, and based upon that review, I conclude that the Respondent’s
proffer (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding
damages on the terms set forth therein.
The proffer awards:
 An amount sufficient to purchase an annuity contract, subject to the conditions
described in the attached proffer, that will provide a certain lump sum payment of
$162,056.50 payable to V.H. on October 15, 2018, paid to the life insurance
company from which the annuity will be purchased.
Proffer § 2. This amount represents all elements of compensation to which V.H. would be
entitled under 42 U.S.C. § 300aa-15(a). Should V.H. predecease the certain lump sum payment as
set forth above, said payment shall be made to her estate.
I approve a Vaccine Program award in the requested amounts set forth above to be made
to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the
clerk of the court is directed to enter judgment herewith.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or
separately) a notice renouncing their right to seek review.
2

Case 1:12-vv-00854-UNJ Document 60 Filed 01/05/15 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
CLAUDIA HUERTA and ELEAZER )
HUERTA, as Parents and Natural )
Guardians of V.H., a Minor, )
)
Petitioners, )
) No. 12-854V
v. ) Special Master Corcoran
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER OF DAMAGES
I. Items of Compensation and Form of Award
Based upon the evidence of record, respondent proffers, and the parties recommend, that
compensation be made through a future annuity payment as described below, and request that the
special master's decision and the Court's judgment award the following payment:
An amount sufficient to purchase an annuity contract,1 subject to the conditions
described below, that will provide a certain lump sum payment of $162,056.50
payable to V.H. on October 15, 2018, paid to the life insurance company2 from
1 In respondent’s discretion, respondent may purchase one or more annuity contracts from one or more life
insurance companies.
2 The Life Insurance Company must have a minimum of $250,000,000 capital and surplus, exclusive of any
mandatory security valuation reserve. The Life Insurance Company must have one of the following ratings from
two of the following rating organizations:
a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b. Moody's Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;
c. Standard and Poor's Corporation Insurer Claims-Paying Ability Rating: AA-, AA, AA+, or
AAA;
d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating: AA-, AA,
AA+, or AAA.
1

Case 1:12-vv-00854-UNJ Document 60 Filed 01/05/15 Page 4 of 4
which the annuity will be purchased.3 This amount represents all elements of
compensation to which V.H. would be entitled under 42 U.S.C. § 300aa-15(a).4
Petitioners agree.5
Should V.H. predecease the certain lump sum payment as set forth above, said payment
shall be made to her estate. Written notice to the Secretary of Health and Human Services and to
the Life Insurance Company shall be provided within twenty (20) days of V.H.’s death.
Respectfully submitted,
JOYCE R. BRANDA
Acting Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Senior Trial Attorney
Torts Branch, Civil Division
/s/ Alexis B. Babcock
ALEXIS B. BABCOCK
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel.: (202) 616-7678
Dated: December 5, 2014
3 Petitioners authorize the disclosure of certain documents filed by the petitioners in this case consistent with the
Privacy Act and the routine uses described in the National Vaccine Injury Compensation Program System of
Records, No. 09-15-0056.
4 Should V.H. die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief.
In particular, respondent would oppose any award for future medical expenses, future lost earnings, and future pain
and suffering.
5 At the time payment is received, V.H. will be an adult, and thus guardianship is not required.
2

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DOCUMENT 2: USCOURTS-cofc-1_12-vv-00854-1
Date issued/filed: 2015-03-27
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 02/03/2015) regarding 62 DECISION Fees Stipulation/Proffer Signed by Special Master Brian H. Corcoran. (ay) Copy to parties.
--------------------------------------------------------------------------------
Case 1:12-vv-00854-UNJ Document 65 Filed 03/27/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-854V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
CLAUDIA HUERTA and * Filed: February 3, 2015
ELEAZAR HUERTA, *
as the Parents and Natural Guardians *
of V.H., a Minor, * Decision by Stipulation; Attorneys’
* Fees & Costs
Petitioners, *
*
v. *
*
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Mark Theodore Sadaka, Mark T. Sadaka, LLC, Englewood, NJ, for Petitioners.
Alexis Babcock, U.S. Dep’t of Justice, Washington, DC, for Respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On December 10, 2012, Claudia Huerta and Eleazar Huerta, as parents of a minor child,
V.H., filed a petition seeking compensation under the National Vaccine Injury Compensation
Program.2 Petitioners alleged that V.H. suffered from complex regional pain syndrome (“CRPS”)
1 Because this decision contains a reasoned explanation for my action in this case, it will be posted 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,
§ 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by 42 U.S.C. §
300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To
do so, Vaccine Rule 18(b) provides that 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 decision will be available to the
public. Id.
2 The National Vaccine Injury Compensation Program comprises 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.A. ' 300aa-10 – 34 (2006))
[hereinafter “Vaccine Act” or “the Act”]. Individual sections references hereafter will be to ' 300aa of the Act.

Case 1:12-vv-00854-UNJ Document 65 Filed 03/27/15 Page 2 of 2
as a result of receiving the human papillomavirus (“HPV”) vaccine on March 23, 2010. In her
Rule 4(c) report, filed on April 30, 2013, Respondent conceded that V.H. had suffered CRPS due
to receipt of the HPV vaccine. In view of Respondent’s concession the special master previously
responsible for this action issued a ruling, dated May 3, 2013, finding that Petitioners had
established that V.H. was entitled to compensation for the injury, and subsequently issued an
order indicating that this case was ready for the damages phase. Thereafter, on December 5,
2014, Respondent filed a proffer awarding compensation. I subsequently issued a decision
finding the proffer to be reasonable and granting Petitioner an award as outlined in the proffer.
On February 2, 2015, the parties filed a stipulation indicating that they had now reached
an agreement regarding attorneys’ fees and costs. The parties have stipulated that Petitioners’
counsel should receive a lump sum of $21,000.00, in the form of a check payable to Petitioners
and Petitioners’ counsel. In addition, and in compliance with General Order #9, Petitioners have
represented that they did incur any reimbursable costs in proceeding on this petition.
I approve the requested amount for attorneys’ fees and costs as reasonable. Accordingly,
an award of $21,000.00 should be made in the form of a check payable to Petitioners and
Petitioners’ counsel, Mark T. Sadaka. 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/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or
separately) a notice renouncing their right to seek review.
2