VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00438
Package ID: USCOURTS-cofc-1_14-vv-00438
Petitioner: Laura Mitchell
Filed: 2014-05-22
Decided: 2015-08-05
Vaccine: HPV
Vaccination date: 2011-07-13
Condition: polyarthritis, polyarthralgia pain syndrome, seronegative rheumatoid arthritis, hip impingement syndrome, acetabular labrum tear, and snapping hip syndrome
Outcome: compensated
Award amount USD: 25000

AI-assisted case summary:
Laura Mitchell filed a petition on May 22, 2014, alleging that an HPV vaccination she received on July 13, 2011, caused her to suffer from polyarthritis, polyarthralgia pain syndrome, seronegative rheumatoid arthritis, hip impingement syndrome, acetabular labrum tear, and snapping hip syndrome. Alternatively, she alleged that the vaccination significantly aggravated these conditions. The respondent, the Secretary of Health and Human Services, denied that the vaccination caused any injury. However, the parties reached a joint stipulation for damages. The court found the stipulation reasonable and adopted it as the decision of the court. Laura Mitchell was awarded a lump sum of $25,000.00 as compensation for all items of damages. The decision also addressed attorneys' fees and costs, with the parties stipulating to a total award of $16,429.60, which the court granted. The case was resolved via stipulation, and judgment was entered accordingly.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00438-0
Date issued/filed: 2015-08-05
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/25/2015) regarding 32 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:14-vv-00438-UNJ Document 40 Filed 08/05/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-438V
Filed: June 25, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
LAURA MITCHELL, *
*
Petitioner, * Special Master Dorsey
*
v. *
* Joint Stipulation on Damages;
SECRETARY OF HEALTH * Human Papillomavirus Vaccine
AND HUMAN SERVICES, * (HPV); Gardasil; Polyarthritis;
* Polyarthralgia Pain Syndrome;
Respondent. * Rheumatoid Arthritis, Hip
* Impingement Syndrome; Labrum
* * * * * * * * * * * * * * * * Tear; Snapping Hip Syndrome.
Mark Theodore Sadaka, Mark T. Sadaka, LLC, Englewood, NJ, for petitioner.
Gordon Elliot Shemin, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On May 22, 2014, Laura Mitchell (“petitioner”), filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged
that an HPV vaccination administered to her on July 13, 2011, caused her to suffer “polyarthritis,
polyarthralgia pain syndrome, seronegative rheumatoid arthritis, hip impingement syndrome,
acetabular labrum tear, and snapping hip syndrome.” Petition at 1. In the alternative, petitioner
alleged that the alleged injuries were significantly aggravated by the HPV vaccination. Id.
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 1:14-vv-00438-UNJ Document 40 Filed 08/05/15 Page 2 of 7
Petitioner further alleged that she suffered the residual effects or complications of her vaccine
injury for more than six months. Id. at 5. On June 25, 2015, the parties filed a stipulation,
stating that a decision should be entered awarding compensation.
Respondent denies that the HPV immunization caused any injury to petitioner.
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 $25,000.00, in the form of a check payable to petitioner. This amount
represent compensation for all items of damages that would be available under 42 U.S.C.
§ 300-aa-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.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

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00438-1
Date issued/filed: 2015-08-05
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 07/06/2015) regarding 37 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:14-vv-00438-UNJ Document 41 Filed 08/05/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Case No. 14-438V
Filed: July 6, 2015
* * * * * * * * * * * * * *
LAURA MITCHELL, * UNPUBLISHED
*
Petitioner, *
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH * Attorneys’ Fees and Costs;
AND HUMAN SERVICES, * Reasonable Amount Requested to which
* Respondent does not Object.
Respondent. *
*
* * * * * * * * * * * * *
Mark T. Sadaka, Mark T. Sadaka, LLC, Englewood, NJ, for petitioner.
Gordon E. Sheman, United States Department of Justice, Washington, DC, for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On May 22, 2014, Laura Mitchell (“petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged
that she developed polyarthritis, polyarthralgia pain syndrome, seronegative rheumatoid arthritis,
hip impingement syndrome, acetabular labrum tear, and snapping hip syndrome as a result of a
Human Papillomavirus (“HPV”) vaccination she received on July 13, 2011. See Petition at 1.
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 the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:14-vv-00438-UNJ Document 41 Filed 08/05/15 Page 2 of 2
Alternatively, petitioner alleged that the alleged injuries were significantly aggravated by the HPV
vaccination. Id. On June 25, 2015, the undersigned entered a decision awarding compensation to
petitioner based on a joint stipulation filed by the parties.
On July 6, 2015, the parties filed a stipulation concerning attorneys’ fees and costs. The
parties stipulate to a total award of attorneys’ fees and costs in the amount of $16,429.60. Stip. for
Fees and Costs at ¶ 2. In accordance with General Order #9, petitioner’s counsel represents that
petitioner did not personally incur any costs in pursuit of her claim. Id.
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 the lack of any objection by
respondent, the undersigned GRANTS the request 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 to petitioner’s attorney, Mark
T. Sadaka, of the law firm Mark T. Sadaka, LLC, in the amount of $16,429.60.
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