# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 11-132V 

### Filed: October 27, 2017

* * * * * * * * * * * * * Special Master Sanders MARIAH VAN VESSEM, * * Joint Stipulation on Damages; Human Petitioner, * Papillomavirus (“HPV”) Vaccine; Tetanus

- * Diphtheria- Acellular Pertussis (“Tdap”) * Vaccine; Meningococcal Vaccine;

v. * Hodgkin’s Lymphoma (“HL”).

*

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

* Respondent. *

*

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

Mark Sadaka, Mark T. Sadaka, LLC, Englewood, NJ, for Petitioner. Debra A. Filteau Begley, United States Department of Justice, Washington, DC, for Respondent.

DECISION 1

On March 2, 2011, Mariah Van Vessem (“Petitioner”) petitioned for compensation pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. §§ 300aa-1 to - 34 (2012). Petitioner alleged that as a result of the human papillomavirus (“HPV ”) , tetanusdiphtheria-acellular pertussis ( “ Tdap ” ), and/or meningococcal vaccines administered on March 4,

20 08, and/or her second HPV vaccine administered on August 4, 2008, she developed Hodgkin ’ s Lymphoma ( “ HL ” ). See Stipulation for Award at ¶¶ 1-4, filed Oct. 26, 2017. Petitioner further alleged that she ex p erienced residual effects of her injury for more than six months. Id. at ¶ 4.

1 This decision shall be posted on the United States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). 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 § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a

motion for redaction must include a proposed redacted decision. If, upon review, the undersigned agrees that the identified material fits within the requirements of that provision, such material will be deleted from public access.

2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa- 10 et seq. (hereinafter “Vaccine Act,” “the Act,” or “the Program”). Hereafter, individual section references will be to 42 U.S.C. § 300aa of the Act.2

On October 2 6 , 2017, the parties filed a stipulation in which they state that a decision should be entered awarding compensation to Petitioner. Respondent denies that Petitioner’s alleged HL, or any other injury

, wa s caused

- in

- fact by her HPV, Tdap, and/or meningococcal

vaccinations. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonabl e 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 compensation:

a. A lump sum of $ 25 ,000.00, in the form of a check payable to petitioner

. Th is amount represents compensation for all damages that would be available

und er 42 U.S.C. § 300aa

- 15(a).

Id. at ¶ 8.

The undersigned approves the requested amount for Petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the

court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation. 3

IT IS SO ORDERED.

s/Herbrina D. Sanders

Herbrina D. Sanders 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.