VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00395 Package ID: USCOURTS-cofc-1_20-vv-00395 Petitioner: Ivelearis Teresa Colon Mercado Filed: 2020-04-07 Decided: 2024-09-20 Vaccine: HPV Vaccination date: 2017-04-28 Condition: bilateral optical neuritis and/or Neuromyelitis Optica Spectrum Disorder Outcome: compensated Award amount USD: 90000 AI-assisted case summary: Ivelearis Teresa Colon Mercado filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered injuries, including bilateral optical neuritis and/or Neuromyelitis Optica Spectrum Disorder (NMOSD), as a result of her April 28, 2017 vaccinations. The vaccines received on that date included the human papillomavirus (HPV), hepatitis A, hepatitis B, and Pneumococcal Conjugate vaccines. The respondent, the Secretary of Health and Human Services, denied that these vaccines caused the petitioner's alleged conditions. Despite the denial, the parties filed a joint stipulation on August 23, 2024, agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as the decision of the Court. Ivelearis Teresa Colon Mercado was awarded a lump sum of $90,000.00, which represents compensation for all items of damages available under the Vaccine Act. The decision was issued on September 20, 2024, and the petition was originally filed on April 7, 2020. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00395-0 Date issued/filed: 2024-09-20 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 8/23/2024) regarding 72 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (ksb) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00395-UNJ Document 73 Filed 09/20/24 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-395V Filed: August 23, 2024 IVELEARIS TERESA COLON MERCADO, Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Roberto E. Ruiz-Comas, RC Legal and Litigation Services LLC, Guaynabo, PR, for petitioner. Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On April 7, 2020, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act”). Petitioner alleges that she suffered injuries, including bilateral optical neuritis (“ON”) and/or Neuromyelitis Optica Spectrum Disorder (“NMOSD”), as a result of her April 28, 2017 human papillomavirus (“HPV”), hepatitis A, hepatitis B, and Pneumococcal Conjugate vaccinations. Petition at 1; Stipulation, filed August 23, 2024, at ¶ 4. Petitioner further alleges that she has experienced the residual effects of her condition for more than six months, that there has been no prior award or settlement of a civil action for damages as a result of her condition, and that her vaccines were administered in the United States. Petition at ¶¶ 2, 11, 14; Stipulation at ¶¶ 3-5. “Respondent denies that the HPV, Hepatitis A and B, and/or Pneumococcal Conjugate 1 Because this document contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the document will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact 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). Case 1:20-vv-00395-UNJ Document 73 Filed 09/20/24 Page 2 of 7 vaccine(s) caused petitioner’s alleged ON and/or NMOSD, alleged residual effects, or any other injury. ” Stipulation at ¶ 6. Nevertheless, on August 23, 2024, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as the decision of the Court in awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $90,000.00 in the form of a check payable to petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under § 15(a). Id. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Daniel T. Horner Daniel T. Horner Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:20-vv-00395-UNJ Document 73 Filed 09/20/24 Page 3 of 7 Case 1:20-vv-00395-UNJ Document 73 Filed 09/20/24 Page 4 of 7 Case 1:20-vv-00395-UNJ Document 73 Filed 09/20/24 Page 5 of 7 Case 1:20-vv-00395-UNJ Document 73 Filed 09/20/24 Page 6 of 7 Case 1:20-vv-00395-UNJ Document 73 Filed 09/20/24 Page 7 of 7