Summer Shell v. HHS - HPV, immune thrombocytopenic purpura (2016)
Case summary [AI summaries can sometimes make mistakes]
Summer Shell filed a petition on September 18, 2013, alleging that she developed immune thrombocytopenic purpura (ITP) after receiving human papillomavirus (HPV) vaccines on October 4, 2010, and February 4, 2011. The respondent denied that the HPV immunizations caused or significantly aggravated petitioner's injury.
However, both parties agreed to a joint stipulation filed on May 4, 2016, to settle the case. Special Master Mindy Michaels Roth reviewed the stipulation and adopted it as the decision of the Court.
Under the terms of the stipulation, the respondent agreed to issue two payments: a lump sum of $25,000.00 payable to Summer Shell, and a lump sum of $13,680.79 to reimburse the North Carolina Medicaid lien, payable jointly to petitioner and the Division of Medical Assistance. These amounts represent compensation for all damages available under 42 U.S.C. § 300aa-15(a), totaling $38,680.79.
Petitioner was represented by Mark Sadaka of Mark T. Sadaka, LLC, and the respondent was represented by Darryl Wishard of the U.S.
Department of Justice. The decision was issued on November 23, 2016.
Theory of causation
Petitioner Summer Shell alleged that HPV vaccines administered on October 4, 2010, and February 4, 2011, caused her to develop immune thrombocytopenic purpura (ITP) with symptoms lasting more than six months. Respondent denied causation. The parties reached a joint stipulation on May 4, 2016, agreeing to settle the case. Special Master Mindy Michaels Roth adopted the stipulation. Compensation was awarded in the total amount of $38,680.79, consisting of a $25,000.00 lump sum to petitioner and $13,680.79 to reimburse the North Carolina Medicaid lien, as compensation for all damages under 42 U.S.C. § 300aa-15(a). Petitioner's counsel was Mark Sadaka, and respondent's counsel was Darryl Wishard. The decision adopting the stipulation was issued on November 23, 2016.
Source PDFs
USCOURTS-cofc-1_13-vv-00692