VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00651
Package ID: USCOURTS-cofc-1_15-vv-00651
Petitioner: Janette H. Herrera
Filed: 2015-06-23
Decided: 2017-04-24
Vaccine: HPV
Vaccination date: 2014-01-13
Condition: multiple sclerosis
Outcome: compensated
Award amount USD: 255000

AI-assisted case summary:
Janette H. Herrera filed a petition on June 23, 2015, alleging that she developed multiple sclerosis (MS) as a result of receiving two doses of the Human Papillomavirus (HPV) vaccine on January 13, 2014, and March 21, 2014. The respondent, the Secretary of Health and Human Services, denied that the HPV vaccines caused Ms. Herrera's MS or any other injury. Despite this denial, the parties filed a joint stipulation for damages on March 28, 2017. Special Master Thomas L. Gowen reviewed the stipulation and found it reasonable. The court adopted the stipulation, awarding Ms. Herrera a lump sum of $255,000.00 as compensation for all damages. The decision was issued on April 24, 2017. The public decision does not describe the onset of symptoms, specific clinical details, medical tests, treatments, or expert witnesses. Petitioner counsel was Mark L. Krueger of Krueger & Hernandez, S.C., and respondent counsel was Lara A. Englund of the United States Department of Justice.

Theory of causation field:
Petitioner Janette H. Herrera alleged that HPV vaccines administered on January 13, 2014, and March 21, 2014, caused her to develop multiple sclerosis (MS). The respondent denied causation. The parties entered into a joint stipulation for damages, agreeing to an award of $255,000.00. Special Master Thomas L. Gowen adopted the stipulation on April 24, 2017. The theory of causation was not elaborated upon in the public decision, which noted it was an 'Off-Table' claim. The public decision does not name experts or describe the medical mechanism of injury.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_15-vv-00651-0
Date issued/filed: 2017-04-24
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/29/2017) regarding 40 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00651-UNJ Document 47 Filed 04/24/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-651V
Filed: March 29, 2017
* * * * * * * * * * * * * UNPUBLISHED
JANETTE H. HERRERA, *
*
Petitioner, * Special Master Gowen
*
v. * Joint Stipulation on Damages;
* Human Papillomavirus Vaccine
SECRETARY OF HEALTH * (“HPV”); Multiple Sclerosis (“MS”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * *
Mark L. Krueger, Krueger & Hernandez, S.C., for petitioner.
Lara A. Englund, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On June 23, 2015, Janette Herrera (“petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to 34 (2012). Petitioner alleged
that as the result of receiving human papillomavirus (“HPV”) vaccines on January 13, 2014, and
March 21, 2014, she suffered multiple sclerosis. Petition at Preamble.
On March 28, 2017, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation. Respondent denies that the HPV vaccines are the
cause of petitioner’s alleged MS or any other injury or her current condition. Stipulation at ¶ 6.
Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The
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, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services). 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 (2012) (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 1:15-vv-00651-UNJ Document 47 Filed 04/24/17 Page 2 of 7
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 stipulate that petitioner shall receive the following in compensation:
a. A lump sum of $255,000.00 in the form of a check payable to petitioner. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a).
Id. at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms
of the parties’ stipulation.3
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
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

Case 1:15-vv-00651-UNJ Document 47 Filed 04/24/17 Page 3 of 7

Case 1:15-vv-00651-UNJ Document 47 Filed 04/24/17 Page 4 of 7

Case 1:15-vv-00651-UNJ Document 47 Filed 04/24/17 Page 5 of 7

Case 1:15-vv-00651-UNJ Document 47 Filed 04/24/17 Page 6 of 7

Case 1:15-vv-00651-UNJ Document 47 Filed 04/24/17 Page 7 of 7