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In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 13-692V 

Filed: May 6, 2016

* * * * * * * * * * * * * * * * * * * * * 

SUMMER SHELL, *

 *

 Petitioner, * Joint Stipulation on Damages; Human 

v. * Papillomavirus (“HPV”) Vaccine; Immune

 * Thrombocytopenic Purpura (“ITP”)

 *

SECRETARY OF HEALTH * 

AND HUMAN SERVICES, *

 * 

 Respondent. *

* * * * * * * * * * * * * * * * * * * * * 

Mark Sadaka, Esq., Mark T. Sadaka, LLC, Englewood, NJ, for petitioner. 

Darryl Wishard, Esq., US Department of Justice, Washington, DC, for respondent. 

DECISION ON JOINT STIPULATION1

Roth, Special Master: 

 Summer Shell [“petitioner”] filed a petition for compensation under the National Vaccine 

Injury Compensation Program2on September 18, 2013. Petitioner alleges that she developed 

immune thrombocytopenic purpura (“ITP”) after receiving human papillomavirus (“HPV”) 

vaccines on October 4, 2010 and February 4, 2011. See Stipulation, filed May 4, 2016, at ¶¶ 1-4. 

Respondent denies that the HPV immunizations either caused or significantly aggravated 

petitioner’s injury. Stipulation at ¶ 6. 

 Nevertheless, the parties have agreed to settle the case. On May 4, 2016, the parties filed 

a joint stipulation agreeing to settle this case and describing the settlement terms. 

 

 

1

 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this 

decision on the United States Court of Federal Claims' website, 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)). In 

accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other 

information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule 

requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the 

identified material fits within the requirements of that provision, I will delete 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).
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Respondent agrees to issue the following payments: 

(1) A lump sum of $25,000.00 in the form of a check payable to petitioner, Summer 

Shell; and

(2) A lump sum of $13,680.79, which amount represents compensation for 

reimbursement of the Medicaid Lien, in the form of a check payable jointly to 

petitioner and the Division of Medical Assistance, Case No. 207858, Office of the 

Controller, 2022 Mail Service Center, Raleigh, NC 27699-2022. Petitioner agrees 

to endorse this payment to the Division of Medical Assistance. 

These amounts represent compensation for all damages that would be available under § 

300aa-15(a). 

 I adopt the parties’ stipulation attached hereto, and award compensation in the amount 

and on the terms set forth therein. The clerk of the court is directed to enter judgment in 

accordance with this decision.3

 

IT IS SO ORDERED. 

 

s/ Mindy Michaels Roth 

 Mindy Michaels Roth 

 Special Master 

 

 

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 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the 

right to seek review. 
IN THE UNITED STATES COURT OF FEDERAL CLAIMS 

OFFICE OF SPECIAL MASTERS 

SUMMER SHELL, 

Petitioner, 

V. 

SECRETARY OF HEALTH 

AND HUMAN SERVICES, 

Respondent. 

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o. 13-692V ECF 

Special Master Roth 

STIPULATION 

The parties hereby stipulate to the fo llowing matters: 

I. Petitioner, Summer Shel l, filed a petiti on fo r vacc ine compensation under the 

Nationa l Vacci ne Injury Compensation Program, 42 U.S.C. §§ 300aa- I 0 to 34 (the " Vaccine 

Program"). The petition seeks compensation for inj uries a llegedl y related to petitioner's rece ipt 

of the human papillomavirus (" HPV") vaccine, whic h is contained in the Vacc ine Injury Table 

(the "Table"), 42 C.F.R. § I 00.3(a). 

2. Petitioner received the HPV vaccine on October 4, 20 I 0 a nd February 4, 20 11 . 

3. T he vaccines were administered within the United States. 

4. Petitioner alleges that, as a result of receiving the vaccines, she suffered from 

immune thrombocytopenic purpura (" ITP"), and that she experie nced symptoms o f this injury 

for more than six months. 

5. Petitioner re presents that there has been no prior award or settlement of a c ivi I action 

for damages as a result of the alleged injuries. 
6. Respondent denies that the vaccines e ither ca used or significantly aggravated 

petitioner's a lleged injuries or any other inj ury, and den ies that petitione r's current disabilities 

are the result of a vacci ne-related injury. 

7. Maintaining their above-stated positions, the parties neverthe less now agree that the 

issues between them sha ll be settled and that a decision should be entered awardin g the 

compensation described in paragraph 8 of this Stipulation. 

8. As soon as practicable after an entry of judgment reflecting a dec ision consistent 

with the terms o f this Stipul ation, and after petitioner has fi led an e lection to receive 

compensation pursuant to 42 U.S.C. § 300aa-2 l (a)( I), the Secretary of Health and Human 

Services wi ll iss ue the following vacc ine compensation payments: 

a. A lump sum o f $25,000.00 in the fo rm of a check payable to petitioner; and 

b. A lump sum o f $ 13,680.79, which amount represents compensation for 

re imbursement o f the Medicaid lien, in the form of a check payable jointly to 

petitioner and the Division of Medical Assistance, Case No. 207858, Office o f the 

Controller, 2022 Mail Service Center, Rale igh, C 27699-2022. Petitio ner 

agrees to endorse this payment to the Division of Medica l Assistance. 

The above amounts represent compensation for all damages that would be available under 42 

U.S.C. § 300aa-15(a). 

9. As soon as practicable after the entry o f judgment on entitlement in this case, and 

after petitioner has filed both a proper and time ly e lection to receive compensation pursuant to 

42 U.S.C. Section 300aa-2 I (a)( I), and an app lication, the parties will submit to further 

proceedings before the special master to award reasonable attorneys' fees and costs incurred in 

proceeding upon th is petition. 

I 0. Petiti oner and he r attorney represent that compensatio n to be prov ided pursuant to 

this Stipulation is not for any items or services for whi ch the Program is not primari ly liable 

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under 42 U.S.C. § 300aa- 15(g), to the extent that payment has been made or can reasonab ly be 

expected to be made under any tate compensation programs, insurance polic ies, Federal or 

State health benefits programs (other than T itle X IX o f the Social Security /\ct (42 U.S.C. 

§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis. 

11 . Payments made pursuant to paragraph 8 of this Stipulation, and any amounts 

awarded pursuant to paragraph 9 o f this Stipul ation, will be made in accordance with 42 U .. C. 

§ 300aa- I 5(i), subject to the avai labi lity of suffic ient statuto ry funds. 

12. The parties and the ir atto rneys furthe r agree a nd stipulate that, except for any award 

for attorneys' fees a nd litigation costs, the money provided pursuant to this Stipulation will be 

used sole ly fo r the benefit of petitioner, as contemplated by a stri ct construction of 42 U .. C. 

§ 300aa-l 5(a) a nd (d), and subject to the conditions of 42 U.S.C. §§ 300aa-l 5(g) and (h). 

13. In return fo r the payments described in paragraphs 8 and 9, petitioner, in her 

indi vidual capacity and on behalf o f her heirs, executors, adm inistrators, successo rs or assigns, 

does forever irrevocably and unconditiona lly re lease, acquit and d ischarge the Un ited States a nd 

the Secretary o f Health and Huma n Services from any and a ll actions, causes o f action (inc lud ing 

agreements, judgments, c la ims, damages, loss of services, expenses and al I demands o f whatever 

kind or nature) that have been brought, could have been brought, or could be timel y brought in 

the Court of Federal C laims, under the ational Vacci ne Injury Compensatio n Program, 42 

U.S.C. § 300aa- I 0 et seq., on account of, or in any way growing o ut of, any and a ll known or 

unknown, suspected or unsuspected persona l injuries to or death o f petitioner resulting from, or 

alleged to have resulted from, the HPV vaccines administered on October 4, 20 I 0 and February 

4, 20 I I, as a ll eged by petitioner in a petiti on fo r vaccine compensatio n fi led on or about 

Septembe r 18, 20 13, in the United States Court of Federa l Claims as petition o. I 3-692Y. 

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14. If petitioner should di e prior to entry of judgment, this agreement shall be voidable 

upon proper notice to the Court on behal fo f either or both of the parties. 

15. If the spec ial master fa ils to issue a decision in complete conformity with the terms 

of this Stipulation or ifthe Court of Federa l Claims fails to enter judgment in confo rm ity with a 

decision that is in complete conformity with the terms of th is Stipulation, then the parties' 

settlement and this Stipulation shall be voidable at the sole discretion of either party. 

16. This Stipulation expresses a fu ll and complete negotiated settlement of liabili ty 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 clearl y agreed to. The parti es further agree and understand that the award described in this 

stipulation may reflect a compromise of the parties' respective positions as to I iabil ity and/or 

amount of damages, and further, that a change in the nature of the injury or cond ition or in the 

items of compensation sought, is not grounds to modify or rev ise 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 HPV vaccines received by petitioner either 

caused or significantly aggravated petitioner's alleged injuries or any other injury. 

18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's 

heirs, executors, admin istrators, successors, and/or assigns. 

END OF STIPULATION 

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Respectfully submitted, 

PETITIONER: 

J~~v);( ATTORNEYOFRECORDFOR 

PETITIONER: 

MARK'f.SADAKA 

Law Office of Sadaka Associates, LLC 

155 North Dean Street, 4th Floor 

Englewood, NJ 07631 

1-800-810-3457 

IR, M.D 

Acting Director, Division oflnjury 

Compensation Programs 

Healthcare Systems Bureau 

U.S. Department of Health 

and Human Services 

5600 Fishers Lane 

Park.lawn Building, Mail Stop 08Nl46B 

Rockville, MD 20857 

Dated: 4-J5-llo 

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AUTHORIZED REPRESENTATIVE 

OF THE ATTORNEY GENERAL: 

Deputy Director 

Torts Branch 

Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin Franklin Station 

Washington, DC 20044-0146 

ATTORNEY OF RECORD FOR 

RESPONDENT: 

DARRYL R. WISHARD 

Senior Trial Attorney 

Torts Branch 

Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin Franklin Station 

Washington, DC 20044-0146 

Tel: (202) 616-4357 

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