VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00129
Package ID: USCOURTS-cofc-1_13-vv-00129
Petitioner: Sandra Vasquez
Filed: 2013-02-20
Decided: 2014-09-29
Vaccine: HPV
Vaccination date: 2010-08-17
Condition: autoimmune hepatitis
Outcome: compensated
Award amount USD: 75000

AI-assisted case summary:
Sandra Vasquez (formerly Sandra Kuserk; caption amended upon marriage) filed a petition on February 20, 2013, alleging that a human papillomavirus (HPV) vaccination she received on August 17, 2010 either caused or significantly aggravated her chronic autoimmune hepatitis. Respondent denied that the HPV vaccine caused petitioner's autoimmune hepatitis or any other injury.

Nonetheless, both parties agreed to a joint stipulation filed July 10, 2014 to settle the case. Special Master Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $75,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The parties subsequently agreed to attorneys' fees and costs of $24,000.00, payable jointly to petitioner and her counsel, Mark T. Sadaka of Mark T. Sadaka, LLC. Petitioner had not personally incurred any out-of-pocket litigation expenses.

Theory of causation field:
HPV vaccine Aug 17, 2010 → chronic autoimmune hepatitis (caused or significantly aggravated). Joint stipulation Jul 10, 2014; SM Dorsey. Comp $75,000. Fees $24,000 (Sadaka, Mark T. Sadaka LLC, Englewood NJ).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00129-0
Date issued/filed: 2014-07-31
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 07/10/2014) regarding 34 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00129-UNJ Document 35 Filed 07/31/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-129V
Filed: July 10, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
SANDRA VASQUEZ, *
* Special Master Dorsey
Petitioner, *
* Joint Stipulation on Damages;
v. * Human Papillomavirus (HPV)
* Vaccine; Chronic Autoimmune
SECRETARY OF HEALTH * Hepatitis.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Mark Theodore Sadaka, Mark T. Sadaka, LLC, Englewood, NJ, for petitioner.
Ryan Daniel Pyles, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On February 20, 2013, Sandra Vasquez2 (“petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.3 42 U.S.C. §§ 300aa-1 to -34 (2006).
Petitioner alleges that she suffered autoimmune hepatitis which was either caused in fact by the
human papillomavirus (HPV) vaccine, or in the alternative, significantly aggravated by the HPV
vaccine administered to her on August 17, 2010. See Petition at 1.
On July 10, 2014, the parties filed a stipulation, stating that a decision should be entered
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling 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
Vaccine Rule 18(b), 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).
2 Ms. Vasquez was married and requested that the caption of the case be changed from Kuserk to
Vasquez to reflect her change in name. See ECF Document No. 25.
3 The National Vaccine Injury Compensation Program is set forth in 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. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:13-vv-00129-UNJ Document 35 Filed 07/31/14 Page 2 of 2
awarding compensation.
Respondent denies that the HPV immunization is the cause of petitioner’s alleged
autoimmune hepatitis and/or any other injury. Nevertheless, the parties agree to the joint
stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and
adopts it as the decision of the Court in awarding damages, on the terms set forth therein.
The parties stipulated that petitioner shall receive the following compensation:
A lump sum of $75,000.00, 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).
Stipulation ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
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.4
IT IS SO ORDERED.
s/ Nora Beth Dorsey
Nora Beth Dorsey
Special Master
4 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00129-1
Date issued/filed: 2014-09-29
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/08/2014) regarding 41 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:13-vv-00129-UNJ Document 43 Filed 09/29/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: September 8, 2014
* * * * * * * * * * * * * *
SANDRA VASQUEZ, * UNPUBLISHED
*
* No. 13-129V
Petitioner, *
* Special Master Dorsey
v. *
* Attorneys’ Fees and Costs;
SECRETARY OF HEALTH * Reasonable Amount Requested to which
AND HUMAN SERVICES, * Respondent Does Not Object.
*
Respondent. *
*
* * * * * * * * * * * * *
Mark Theodore Sadaka, Mark T. Sadaka, LLC, NJ, for petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, D.C., for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On February 20, 2013, Sandra Vasquez (“petitioner”) filed a petition for compensation
under the National Vaccine Injury Compensation Program (“Vaccine Program”)2 alleging that
she received the human papillomavirus on August 17, 2010 in Upland, Pennsylvania and
suffered shortly thereafter vaccine induced autoimmune hepatitis. On July 10, 2014, a decision
awarding compensation to petitioner based on the parties’ stipulation was entered.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this decision 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, 116 Stat. 2899,
2913 (Dec. 17, 2002). As provided by Vaccine Rule 18(b), 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 entire decision will be available to the
public. Id.
2 The National Vaccine Injury Compensation Program is set forth in 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. §§ 300aa-1 to -34 (2006) (“Vaccine Act” or “Act”). All citations in this decision to
individual sections of the Act are to 42 U.S.C.A. § 300aa.
1

Case 1:13-vv-00129-UNJ Document 43 Filed 09/29/14 Page 2 of 2
On September 5, 2014, the parties filed a Stipulation of Fact Concerning Attorneys’ Fees
and Costs. According to the stipulation, respondent does not object to a total award of attorneys’
fees and costs in the amount of $24,000.00. In accordance with General Order #9, petitioner
filed a statement stating that she incurred no out-of-pocket expenses in pursuing her petition.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. §
300 aa-15(e). Based on the reasonableness of petitioner’s request and respondent’s counsel’s
lack of objection to petitioner’s counsel’s fee request, the undersigned GRANTS petitioner’s
motion for approval and payment of attorneys’ fees and costs.
Accordingly, an award should be made as follows:
in the form of a check jointly payable to petitioner and the law firm of Mark T.
Sadaka, LLC in the amount of $24,000.00.
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/Nora Beth Dorsey
Nora Beth Dorsey
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2