VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00226
Package ID: USCOURTS-cofc-1_13-vv-00226
Petitioner: T.W.
Filed: 2013-04-01
Decided: 2014-12-31
Vaccine: HPV
Vaccination date: 2009-06-24
Condition: Acute Lymphocytic Leukemia
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
On April 1, 2013, Stephen Warren, as the proposed executor of the estate of his child T.W., filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986. The petition alleged that T.W. suffered from Acute Lymphocytic Leukemia, which was caused by the human papillomavirus (HPV) vaccines received on June 24, 2009, September 1, 2009, and December 30, 2009. The public decision does not describe the onset of symptoms, specific medical findings, or treatments. On September 16, 2014, the Petitioner filed a Motion for a Dismissal Decision, stating that he would be unable to prove entitlement to compensation after a thorough review of the records. To receive compensation under the Vaccine Act, a petitioner must prove either a "Table Injury" (an injury listed in the Vaccine Injury Table corresponding to a vaccination) or that the injury was actually caused by a vaccine. The record did not contain evidence of a Table Injury. Furthermore, the record did not include a medical expert's opinion or any other persuasive evidence indicating that T.W.'s injuries were caused by a vaccination. The public decision notes that compensation cannot be awarded based solely on the petitioner's claims; it must be supported by medical records or a physician's opinion. As the medical records were insufficient and no medical opinion was offered, the petition was dismissed for insufficient proof. Special Master Lisa Hamilton-Fieldman issued the decision dismissing the petition on September 17, 2014. Subsequently, on December 9, 2014, the parties filed a Stipulation of Fact Concerning Attorneys' Fees and Costs, requesting a total payment of $16,000.00 for attorneys' fees and costs. Petitioner represented that no personal, out-of-pocket expenses were incurred. Special Master Hamilton-Fieldman found that the petition was brought in good faith with a reasonable basis and awarded the requested amount of $16,000.00, payable jointly to the Petitioner and Petitioner's counsel, Mark T. Sadaka, Esq. The clerk was ordered to enter judgment accordingly in the absence of a motion for review.

Theory of causation field:
Petitioner Stephen Warren, on behalf of his child T.W., alleged that Acute Lymphocytic Leukemia was caused by the human papillomavirus (HPV) vaccines received on June 24, 2009, September 1, 2009, and December 30, 2009. The petition was dismissed for insufficient proof because the record did not contain evidence of a "Table Injury" nor did it include a medical expert's opinion or other persuasive evidence of actual causation. The public decision does not describe a specific mechanism of causation. Petitioner's counsel was Mark T. Sadaka, LLC, and Respondent's counsel was Debra Begley. Special Master Lisa Hamilton-Fieldman issued the dismissal decision on September 17, 2014, and the attorneys' fees decision on December 10, 2014. A stipulation for attorneys' fees and costs totaling $16,000.00 was awarded, payable jointly to Petitioner and counsel, based on the finding that the petition was brought in good faith with a reasonable basis.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00226-0
Date issued/filed: 2014-10-14
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/17/2014) regarding 34 DECISION of Special Master Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:13-vv-00226-UNJ Document 35 Filed 10/14/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-226V
Filed: September 17, 2014
* * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED
STEPHEN WARREN, as the Proposed *
Executor of the Estate of T.W., Deceased, *
* Special Master Hamilton-Fieldman
Petitioner, *
*
v. * Petitioner’s Motion for Dismissal
* Decision; Insufficient Proof of
SECRETARY OF HEALTH * Causation; Vaccine Act Entitlement;
AND HUMAN SERVICES, * Human Papillomavirus (“HPV”)
* Vaccine; Acute Lymphocytic
Respondent. * Leukemia.
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Mark T. Sadaka, Mark T. Sadaka, LLC, Englewood, NJ, for Petitioner.
Debra Begley, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On April 1, 2013, Stephen Warren (“Petitioner”) filed a petition on behalf of his child,
T.W., as the proposed executor of his child’s estate, for compensation under the National
Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 et seq. (2006) (“Vaccine Act”).
Petitioner alleged that T.W. suffered from Acute Lymphocytic Leukemia, and that this injury had
been caused by the human papillomavirus (“HPV”) vaccines T.W. received on June 24, 2009,
September 1, 2009, and December 30, 2009. Petition (“Pet”) at 1-2. The information in the
record does not show entitlement to an award under the Program.
On September 16, 2014, Petitioner filed a Motion for a Dismissal Decision.2 In his
1 Because this unpublished decision contains a reasoned explanation for the action in this case,
the undersigned intends to post this decision on the United States Court of Federal Claims’
website, 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 and note (2006)). In accordance with
Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other
information, that satisfies the criteria in § 300aa-12(d)(4)(B). Further, consistent with the rule
requirement, a motion for redaction must include a proposed redacted decision. If, upon review,
the undersigned agrees that the identified material fits within the requirements of that provision,
such material will be deleted from public access.
2 Previously, Petitioner filed a Motion for Ruling on the Record. Motion, ECF No. 30.

Case 1:13-vv-00226-UNJ Document 35 Filed 10/14/14 Page 2 of 2
Motion, Petitioner indicates that after a thorough review of the records, “he will be unable to
prove that he is entitled to compensation in the Vaccine Program.” Motion, ECF No.33.
Petitioner further states that he has been advised by his counsel that a decision dismissing his
petition will result in a judgment against him and will end all of his rights in the Vaccine
Program. Motion, ECF No. 33.
To receive compensation under the Vaccine Act, petitioner must prove either 1) that T.W.
suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding
to one of her vaccinations, or 2) that T.W. suffered an injury that was actually caused by a
vaccine. See §§ 300aa-13(a)(1)(A) and 300aa-11(c)(1). An examination of the record did not
uncover any evidence that T.W. suffered a “Table Injury.” Further, the record does not contain a
medical expert’s opinion or any other persuasive evidence indicating that T.W.’s injuries were
caused by a vaccination.
Under the Vaccine Act, a petitioner may not be awarded compensation based solely on
the petitioner’s claims alone. Rather, the petition must be supported by either medical records or
by the opinion of a competent physician. § 300aa-13(a)(1). In this case, because the medical
records are insufficient to establish entitlement to compensation, a medical opinion must be
offered in support. Petitioner, however, has offered no such opinion.
Therefore, the only alternative remains to DENY this petition. Thus, this case is
dismissed for insufficient proof. In the absence of a motion for review, the Clerk shall
enter judgment accordingly.
IT IS SO ORDERED.
/s/Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
However, he indicated that he intended to file a Motion for a Decision on the Record and filed a
Motion for a Decision Dismissing his Petition on September 16, 2014. Motion, ECF No. 33.
2

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00226-1
Date issued/filed: 2014-12-31
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/10/2014) regarding 39 DECISION Fees Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:13-vv-00226-UNJ Document 40 Filed 12/31/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-226
Filed: December 10, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
STEPHEN WARREN, as the Proposed *
Executor of the Estate of T.W., Deceased, *
* Special Master Hamilton-Fieldman
Petitioner, *
*
v. * Attorneys’ Fees and Costs;
* Reasonable Amount Requested
SECRETARY OF HEALTH * to Which Respondent Does Not
AND HUMAN SERVICES, * Object.
*
Respondent. *
* * * * * * * * * * * * * * * *
Mark T. Sadaka, Mark T. Sadaka, LLC, Englewood, NJ, for Petitioner.
Debra Begley, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On April 1, 2013, Stephen Warren (“Petitioner”) filed a petition on behalf of his child,
T.W., as the proposed executor of his child’s estate, for compensation under the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 et seq. (2006) (“Vaccine Act”).
Petitioner alleged that T.W. suffered from Acute Lymphocytic Leukemia, and that this injury had
been caused by the human papillomavirus (“HPV”) vaccines T.W. received on June 24, 2009,
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 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-00226-UNJ Document 40 Filed 12/31/14 Page 2 of 2
September 1, 2009, and December 30, 2009. Petition (“Pet”) at 1-2. On September 16, 2014,
Petitioner filed a Motion for Dismissal Decision and on September 17, 2014, the undersigned
issued a decision dismissing the petition.
On December 9, 2014, the parties filed a Stipulation of Fact Concerning Attorneys’ Fees
and Costs. This stipulation requests a total payment of $16,000.00, representing total attorneys’
fees and costs. In compliance with General Order #9, Petitioner represents that no personal, out-
of-pocket expenses were incurred in proceeding on the petition.
The undersigned finds that the petition was brought in good faith and that there existed a
reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to
42 U.S.C. § 300aa-15(b) and (e)(1). Further, the proposed amount seems reasonable and
appropriate. Accordingly, the undersigned hereby awards the amount of $16,000.00, in the
form of a check made payable jointly to Petitioner and Petitioner’s counsel, Mark Sadaka,
Esq.
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.
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
2