VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00692
Package ID: USCOURTS-cofc-1_13-vv-00692
Petitioner: Summer Shell
Filed: 2013-09-18
Decided: 2016-11-23
Vaccine: HPV
Vaccination date: 2010-10-04
Condition: immune thrombocytopenic purpura
Outcome: compensated
Award amount USD: 38680

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00692-1
Date issued/filed: 2016-11-23
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: May 6, 2016) regarding 58 DECISION Stipulation/Proffer Signed by Special Master Mindy Michaels Roth. (jdm) Copy to parties.
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Case 1:13-vv-00692-UNJ Document 71 Filed 11/23/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-692V
Filed: May 6, 2016
* * * * * * * * * * * * * * * * * * * * *
SUMMER SHELL, *
*
Petitioner, * Joint Stipulation on Damages; Human
v. * Papillomavirus (“HPV”) Vaccine; Immune
* Thrombocytopenic Purpura (“ITP”)
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Mark Sadaka, Esq., Mark T. Sadaka, LLC, Englewood, NJ, for petitioner.
Darryl Wishard, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
Summer Shell [“petitioner”] filed a petition for compensation under the National Vaccine
Injury Compensation Program2 on September 18, 2013. Petitioner alleges that she developed
immune thrombocytopenic purpura (“ITP”) after receiving human papillomavirus (“HPV”)
vaccines on October 4, 2010 and February 4, 2011. See Stipulation, filed May 4, 2016, at ¶¶ 1-4.
Respondent denies that the HPV immunizations either caused or significantly aggravated
petitioner’s injury. Stipulation at ¶ 6.
Nevertheless, the parties have agreed to settle the case. On May 4, 2016, the parties filed
a joint stipulation agreeing to settle this case and describing the settlement terms.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend 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 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 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule
requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the
identified material fits within the requirements of that provision, I will delete such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of
citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).
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Case 1:13-vv-00692-UNJ Document 71 Filed 11/23/16 Page 2 of 7
Respondent agrees to issue the following payments:
(1) A lump sum of $25,000.00 in the form of a check payable to petitioner, Summer
Shell; and
(2) A lump sum of $13,680.79, which amount represents compensation for
reimbursement of the Medicaid Lien, in the form of a check payable jointly to
petitioner and the Division of Medical Assistance, Case No. 207858, Office of the
Controller, 2022 Mail Service Center, Raleigh, NC 27699-2022. Petitioner agrees
to endorse this payment to the Division of Medical Assistance.
These amounts represent compensation for all damages that would be available under §
300aa-15(a).
I adopt the parties’ stipulation attached hereto, and award compensation in the amount
and on the terms set forth therein. The clerk of the court is directed to enter judgment in
accordance with this decision.3
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the
right to seek review.
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Case 1:13-vv-00692-UNJ Document 71 Filed 11/23/16 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
SUMMER SHELL, )
)
Petitioner, ) o. 13-692V ECF
)
V. ) Special Master Roth
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
STIPULATION
The parties hereby stipulate to the following matters:
I. Petitioner, Summer Shell, filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-I 0 to 34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of the human papillomavirus ("HPV") vaccine, which is contained in the Vaccine Injury Table
(the "Table"), 42 C.F.R. § I 00.3(a).
2. Petitioner received the HPV vaccine on October 4, 20 I 0 and February 4, 2011.
3. The vaccines were administered within the United States.
4. Petitioner alleges that, as a result of receiving the vaccines, she suffered from
immune thrombocytopenic purpura ("ITP"), and that she experienced symptoms of this injury
for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civi I action
for damages as a result of the alleged injuries.

Case 1:13-vv-00692-UNJ Document 71 Filed 11/23/16 Page 4 of 7
6. Respondent denies that the vaccines either caused or significantly aggravated
petitioner's alleged injuries or any other injury, and denies that petitioner's current disabilities
are the result of a vaccine-related injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent
with the terms of this Stipulation, and after petitioner has filed an election to receive
compensation pursuant to 42 U.S.C. § 300aa-2 l (a)( I), the Secretary of Health and Human
Services will issue the following vaccine compensation payments:
a. A lump sum of $25,000.00 in the form of a check payable to petitioner; and
b. A lump sum of $13,680.79, which amount represents compensation for
reimbursement of the Medicaid lien, in the form of a check payable jointly to
petitioner and the Division of Medical Assistance, Case No. 207858, Office of the
Controller, 2022 Mail Service Center, Raleigh, C 27699-2022. Petitioner
agrees to endorse this payment to the Division of Medical Assistance.
The above amounts represent compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and
after petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. Section 300aa-2 I (a)( I), and an application, the parties will submit to further
proceedings before the special master to award reasonable attorneys' fees and costs incurred in
proceeding upon this petition.
I 0. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
2

Case 1:13-vv-00692-UNJ Document 71 Filed 11/23/16 Page 5 of 7
under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any tate compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security /\ct (42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
11. Payments made pursuant to paragraph 8 of this Stipulation, and any amounts
awarded pursuant to paragraph 9 of this Stipulation, will be made in accordance with 42 U ..C .
§ 300aa-I 5(i), subject to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs, the money provided pursuant to this Stipulation will be
used solely for the benefit of petitioner, as contemplated by a strict construction of 42 U ..C .
§ 300aa-l 5(a) and (d), and subject to the conditions of 42 U.S.C. §§ 300aa-l 5(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity and on behalf of her heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions, causes of action (including
agreements, judgments, claims, damages, loss of services, expenses and al I demands of whatever
kind or nature) that have been brought, could have been brought, or could be timely brought in
the Court of Federal Claims, under the ational Vaccine Injury Compensation Program, 42
U.S.C. § 300aa-I 0 et seq., on account of, or in any way growing out of, any and all known or
unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or
alleged to have resulted from, the HPV vaccines administered on October 4, 20 I 0 and February
4, 20 I I, as alleged by petitioner in a petition for vaccine compensation filed on or about
September 18, 2013, in the United States Court of Federal Claims as petition o. I 3-692Y.
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Case 1:13-vv-00692-UNJ Document 71 Filed 11/23/16 Page 6 of 7
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behal fof either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or ifthe Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
stipulation may reflect a compromise of the parties' respective positions as to Ii abil ity and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the HPV vaccines received by petitioner either
caused or significantly aggravated petitioner's alleged injuries or any other injury.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
4

Case 1:13-vv-00692-UNJ Document 71 Filed 11/23/16 Page 7 of 7
Respectfully submitted,
PETITIONER:
J~L~v);(
ATTORNEYOFRECORDFOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
"'
MARK'f.SADAKA
Law Office of Sadaka Associates, LLC Deputy Director
155 North Dean Street, 4th Floor Torts Branch
Englewood, NJ 07631 Civil Division
1-800-810-3457 U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
ATTORNEY OF RECORD FOR
RESPONDENT:
IR, M.D DARRYL R. WISHARD
Acting Director, Division oflnjury Senior Trial Attorney
Compensation Programs Torts Branch
Healthcare Systems Bureau Civil Division
U.S. Department of Health U.S. Department of Justice
and Human Services P.O. Box 146
5600 Fishers Lane Benjamin Franklin Station
Park.lawn Building, Mail Stop 08Nl46B Washington, DC 20044-0146
Rockville, MD 20857 Tel: (202) 616-4357
4-J5-llo
Dated:
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