VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00998
Package ID: USCOURTS-cofc-1_21-vv-00998
Petitioner: Esperanza Perez
Filed: 2021-02-26
Decided: 2023-10-27
Vaccine: pneumococcal (Prevnar-13)
Vaccination date: 2018-03-15
Condition: left radial nerve palsy
Outcome: compensated
Award amount USD: 30000

AI-assisted case summary:
Esperanza Perez filed a petition for compensation under the National Vaccine Injury Compensation Program on February 26, 2021, alleging she suffered left radial nerve palsy after receiving a Prevnar-13 vaccine on March 15, 2018. The respondent denied that Ms. Perez sustained the alleged injury or that it was caused by the vaccine. Despite these denials, the parties reached a joint stipulation for settlement. The stipulation stated that Ms. Perez received the vaccine in the United States, experienced residual effects for more than six months, and had not filed a civil action. The public decision does not describe the onset of symptoms, specific medical tests, or treatments. Chief Special Master Brian H. Corcoran adopted the stipulation as the decision of the court. Pursuant to the stipulation, Ms. Perez was awarded a lump sum of $30,000.00, payable to Petitioner, as compensation for all damages available under the Vaccine Act. This amount represents a negotiated settlement of liability and damages. The stipulation was signed by Mark Theodore Sadaka for Petitioner and Christine Mary Becer for Respondent. The decision was issued on October 27, 2023.

Theory of causation field:
Petitioner Esperanza Perez alleged left radial nerve palsy following a March 15, 2018, Prevnar-13 vaccination. Respondent denied causation. The parties reached a joint stipulation for settlement, agreeing to an award of $30,000.00. The stipulation stated that the vaccine was administered in the United States and that Petitioner experienced residual effects for more than six months. The public decision does not specify the theory of causation, medical experts, or the mechanism of injury. The award represents a negotiated settlement of liability and damages. The decision was issued by Chief Special Master Brian H. Corcoran on October 27, 2023. Petitioner was represented by Mark Theodore Sadaka, and Respondent was represented by Christine Mary Becer.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00998-0
Date issued/filed: 2023-10-27
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/28/2023) regarding 42 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. (Main Document 49 replaced on 11/1/2023 to correct PDF)(ypb).
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Case 1:21-vv-00998-UNJ Document 49 Filed 10/27/23 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-998V
ESPERANZA PEREZ, Chief Special Master Corcoran
Petitioner, Filed: August 28, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Mark Theodore Sadaka, Law Offices of Sadaka Associates, LLC, Englewood, NJ, for
Petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On February 26, 2021, Esperanza Perez 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 left radial nerve palsy after receiving
a pneumococcal conjugate (Prevnar-13) vaccine on March 15, 2018. Petition at 1;
Stipulation, filed at August 21, 2023, ¶¶ 1. Petitioner further alleges that the vaccination
was administered within the United States, she experienced the residual effects of her
injury for more than six months, and that she has not filed any civil action regarding this
matter. Petition at 1, 4; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner
sustained a let radial nerve palsy, denies that [P]etitioner’s alleged injury was caused-in-
fact by the Prevnar-13 vaccine, and denies that the Prevnar-13 vaccine caused
[P]etitioner any other injury or her current condition.” Stipulation at ¶ 6.
1 Because this Decision 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 Decision 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2018).

Case 1:21-vv-00998-UNJ Document 49 Filed 10/27/23 Page 2 of 7
Nevertheless, on August 21, 2023, 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 my decision 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 $30,000.00 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 Section 15(a). Id.
I approve the requested amount for Petitioner’s compensation. In the absence of
a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court is directed to
enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief 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 1:21-vv-00998-UNJ Document 49 Filed 10/27/23 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
ESPERANZA PEREZ, )
)
Petitioner, )
) No. 21-998V
V. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
I. Esperanza Perez, petitioner, filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of a Prevnar-13 vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"),
42 C.F.R. § I 00J(a).
2. Petitioner received a Prevnar-13 vaccine in her left arm on March 15, 2018.
3. The vaccination was administered within the United States.
4. Petitioner alleges that she suffered from a left radial nerve palsy and further alleges
that she experienced the residual effects of her injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on her behalf as a result of her condition.
6. Respondent denies that petitioner sustained a left radial nerve palsy, denies that
petitioner's alleged injury was caused-in-fact by the Prevnar-13 vaccine, and denies that the

Case 1:21-vv-00998-UNJ Document 49 Filed 10/27/23 Page 4 of 7
Prevnar-13 vaccine caused petitioner any other injury or her current condition.
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)(l ), the Secretary of Health and Human Services will issue a
lump sum of $30,000.00 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-l 5(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. § 300aa-21 (a)( 1) , 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.
10. 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
under 42 U .S.C. § 300aa-l 5(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
11. Payment 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.S.C. § 300aa-
15(i), subject to the availability of sufficient statutory funds.
2

Case 1:21-vv-00998-UNJ Document 49 Filed 10/27/23 Page 5 of 7
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs, and past unreimbursed expenses, 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.S.C. § 300aa-15(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 or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses and all 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 National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-l 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 Prevnar-13 vaccination administered on March 15,
2018, as alleged by petitioner in a petition for vaccine compensation filed on or about February
26, 2021, in the United States Court of Federal Claims as petition No. 2 l-998V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of 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 if the 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.
3

Case 1:21-vv-00998-UNJ Document 49 Filed 10/27/23 Page 6 of 7
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 liability 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 Prevnar-13 vaccine caused petitioner's alleged
left radial nerve palsy 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
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Case 1:21-vv-00998-UNJ Document 49 Filed 10/27/23 Page 7 of 7
Respectfully submitted,
PETITIONER:
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
HfX¼ftt.1tt1~>€ -<
LA.rv----
MARKT. SADAKA
Sadaka Law Deputy Director
155 North Dean Street, 4th Floor Torts Branch
Englewood, NJ 07631 Civil Division
Tel: 1-800-810-3457 U.S. Department of Justice
mark@sadakafirm.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRET ARY OF HEAL TH RESPONDENT:
AND HUMAN SERVICES:
He n ry p, Digitally signed by
Henry P. Mcmillan -53
Mcmillan -53
Date: 2023.07.19
by
14:05:35 -04'00'
CDR GEORGE REED GRIMES, MD, MPH CHRISTINE M. BECER
Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch, Civil Division
Health Systems Bureau U.S. Department of Justice
Health Resources and Services P.O. Box 146
Administration Benjamin Franklin Station
U.S. Department of Health Washington, DC 20044-0146
and Human Services Tel: (202) 616-3665
5600 Fishers Lane, 08N 146B christine.m. becer@usdoj.gov
Rockville, MD 20857
f/-;J-1/,;
Dated:
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