VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00331 Package ID: USCOURTS-cofc-1_15-vv-00331 Petitioner: J.P. Filed: 2015-04-01 Decided: 2019-04-08 Vaccine: Hepatitis A Vaccination date: 2012-08-27 Condition: chronic inflammatory demyelinating polyneuropathy (CIDP) Outcome: compensated Award amount USD: 333811.05 AI-assisted case summary: Jorge and Teresa Perez, as parents and natural guardians of their minor child J.P., filed a petition on April 1, 2015, alleging that J.P. suffered chronic inflammatory demyelinating polyneuropathy (CIDP) as a result of a Hepatitis A vaccine received on August 27, 2012. The Hepatitis A vaccine is listed on the Vaccine Injury Table. Petitioners alleged that J.P. suffered residual effects from this injury for more than six months. Respondent denied that the vaccine caused or aggravated J.P.'s condition. Despite the denial, the parties filed a joint stipulation for compensation. Special Master Christian J. Moran found the stipulation reasonable and adopted it as the decision of the Court. The award included a lump sum of $201,250.92 for first-year life care expenses and pain and suffering, $10,000 for past unreimbursable expenses, $122,560.13 to reimburse a lien for services rendered, and an amount sufficient to purchase an annuity contract. The total compensation awarded was $333,811.05. Petitioner counsel was Mark T. Sadaka of Mark T. Sadaka, LLC. Respondent counsel was Claudia B. Gangi of the United States Department of Justice. Theory of causation field: Petitioners alleged that J.P. received a Hepatitis A vaccine on August 27, 2012, which is listed on the Vaccine Injury Table, and subsequently suffered chronic inflammatory demyelinating polyneuropathy (CIDP) with residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which Special Master Christian J. Moran found reasonable and adopted as the Court's decision. The award included a lump sum of $201,250.92 for first-year life care expenses and pain and suffering, $10,000 for past unreimbursable expenses, $122,560.13 to reimburse a lien for services rendered, and an amount sufficient to purchase an annuity contract, totaling $333,811.05. Petitioner counsel was Mark T. Sadaka, and respondent counsel was Claudia B. Gangi. The public decision does not describe the specific mechanism of injury, medical experts, or detailed clinical facts beyond the diagnosis of CIDP. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00331-0 Date issued/filed: 2019-04-08 Pages: 11 Docket text: PUBLIC DECISION (Originally filed: 3/4/19) regarding 79 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (MRG) Service on parties made. -------------------------------------------------------------------------------- Case 1:15-vv-00331-UNJ Document 83 Filed 04/08/19 Page 1 of 11 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * * * JORGE PEREZ and TERESA PEREZ, * as the parents and natural guardians of, * No. 15-331V J.P., a minor, * Special Master Christian J. Moran * Petitioners, * * Filed: March 4, 2019 v. * * Hepatitis A vaccine; CIDP; SECRETARY OF HEALTH * stipulation. AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * Mark T. Sadaka, Mark T. Sadaka, LLC, Englewood, NJ, for Petitioner; Claudia B. Gangi, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On February 28, 2019, the parties filed a joint stipulation concerning the petition for compensation filed by Jorge and Teresa Perez on April 1, 2015. In their petition, petitioners alleged that the Hepatitis A vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a), and which the Perezes’ child, J.P., received on August 27, 2012, caused J.P. to suffer chronic inflammatory demyelinating polyneuropathy (“CIDP”). Petitioners further allege that J.P. suffered the residual effects of this injury for more than six months. Petitioners represent that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition. 1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website. Case 1:15-vv-00331-UNJ Document 83 Filed 04/08/19 Page 2 of 11 Respondent denies that the vaccines either caused or significantly aggravated J.P.’s alleged injury or any other injury, and denies that J.P.’s current disabilities are the result of a vaccine-related injury. Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Damages awarded in that stipulation include: a. A lump sum payment of $201,250.92, in the form of a check payable to petitioners as guardian(s) / conservator(s) of the estate of J.P. for the benefit of J.P. This amount represents compensation for first-year life care expenses ($11,250.92) and pain and suffering ($190,000.00). No payments shall be made until petitioners provide respondent with documentation establishing that they have been appointed as guardian(s) / conservator(s) of J.P.’s estate; b. A lump sum of $10,000, which amount represents compensation for past unreimburseable expenses, in the form of a check payable to petitioners, Jorge Perez and Teresa Perez; c. A lump sum of $122,560.13, which amount represents reimbursement of a lien for services rendered on behalf of J.P., in the form of a check payable jointly to petitioners and: Wisconsin Department of Health Services Wisconsin Casualty Recovery HMS case Management – WI 5615 High Point Drive Irving, TX 75038-9984 Case Number: 171911 Attn: Shuniqua Young Petitioners agree to endorse this payment to the State of Wisconsin; and d. An amount sufficient to purchase the annuity contract described in paragraph 10 of the attached stipulation, paid to the life 2 Case 1:15-vv-00331-UNJ Document 83 Filed 04/08/19 Page 3 of 11 insurance company from which the annuity will be purchased (the “Life Insurance Company”) These amounts represent all damages that would be available under 42 U.S.C. § 300aa-15(a). In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 15-331V according to this decision and the attached stipulation.2 IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 3 Case 1:15-vv-00331-UNJ Document 83 Filed 04/08/19 Page 4 of 11 Case 1:15-vv-00331-UNJ Document 83 Filed 04/08/19 Page 5 of 11 Case 1:15-vv-00331-UNJ Document 83 Filed 04/08/19 Page 6 of 11 Case 1:15-vv-00331-UNJ Document 83 Filed 04/08/19 Page 7 of 11 Case 1:15-vv-00331-UNJ Document 83 Filed 04/08/19 Page 8 of 11 Case 1:15-vv-00331-UNJ Document 83 Filed 04/08/19 Page 9 of 11 Case 1:15-vv-00331-UNJ Document 83 Filed 04/08/19 Page 10 of 11 Case 1:15-vv-00331-UNJ Document 83 Filed 04/08/19 Page 11 of 11