1 

# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 1 3

- 493V

Filed: A pril 8 , 2015

* * * * * * * * * * * * * * * * UNPUBLISHED

T ERESE WACKROW

, *

* Special Master Hamilton

- Fieldman

Petitioner, *

* Joint Stipulation on Damages;

v. * T etanus

- D ip h theria Vaccine ;

* G uillain

- Barr é Syndrome;

SECRETARY OF HEALTH * Attorneys ’ Fees and Costs;

AND HUMAN SERVICES, * Reasonable Amount Requested

* T o Which Respondent Does Not

Respondent. * Object.

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

D iana S. Sedar

, M aglio Christopher a nd Toale, PA

, S arasota, FL

, for P etitioner

. J ustine E. Walters

, United States Department of Justice, Washington , D

. C

. , for R espondent.

DECISION 1

On J uly 19, 2013

, T erese Wackrow (“ P etitioner ”) filed a petition pursuant to the National

Vaccine Injury Compensation Program

. 2 42 U .S.C. §§ 300aa

- 1 to

- 34 (2006). Petitioner allege d

that a T etanus, Diphtheria, Per tussis ( “ Tdap ” ) vaccine administered to her on J uly 23, 2010

caused her to suffer from Guillain

- Barr é Syndrome

On A pril 7

, 2015

, the parties filed a stipulation in wh ich they state that a decision should

be entered awarding compensation and attorneys’ fees

. Respondent denies that the Tetanus

Di phtheria ( “ Td ” ) vaccination caused any injury to Petitioner . Nevertheless, the parties agree to

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, Pub. L. No. 107

- 347, § 205, 116

Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). 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 tra de 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 o f privacy.” Vaccine Rule

18(b).

2 The Natio nal 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 (2006) (Vaccine Act or the Act). All citations in thi s decision to

individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. Case 1:13-vv-00493-UNJ Document 23 Filed 04/08/15 Page 1 of 22

the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation

reasonable and adopts it as the decision of the Court in awarding damages and attorneys’ fees , on

the terms set forth therein.

The parties stipulate that P etitioner and her attorney shall receive the following

compensation:

a. A lump sum of $ 35,000.00 in the form of a check payable to Petitioner ; and

b. A lump sum of $ 1 4,908.00, which amount represents reimbursement of a

Medicaid lien, in the form of a check payable jointly to Petitioner and

County Medical Services

County of San Diego

Attn: Eligibility O perations Division

1255 Imperial Avenue, Suite 446 (MS: 414)

San Diego, California 92101

Petitioner agrees to endorse this check to County Medical Services.

Payments made pursuant to paragraphs 8(a) and 8(b) represent

compensation for all damages that would be available under 42 U.S.C. §

300aa

- 15(a).

c. A lump sum of $9,327.44 in the form of a check payable jointly to Petitioner

and Petitioner ’ s attorney, Diana L. Stadelnikas Sedar, Esq., at Maglio,

Christopher & Toale, PA, for attorneys ’ fees and costs available under 42

U.S.C

. § 300aa

- 15(e) , and, in compliance with General Order #9, no out

- of

pocket expenses were incurred by Petitioner in proceeding on the petition.

S tipulation ¶ 8.

The undersigned approves the requested amo unt for P etitioner ’s compensation and for

attorneys’ fees . Accordingly, an award should be made consistent with the stipulation.

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

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

stipulation. 3

IT IS SO ORDERED.

s/ Lisa Hamilton

- Fieldman

Lisa Hamilton

- Fieldma n

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. Case 1:13-vv-00493-UNJ Document 23 Filed 04/08/15 Page 2 of 2Case 1:13-vv-00493-UNJ Document 23-1 Filed 04/08/15 Page 1 of 5Case 1:13-vv-00493-UNJ Document 23-1 Filed 04/08/15 Page 2 of 5Case 1:13-vv-00493-UNJ Document 23-1 Filed 04/08/15 Page 3 of 5Case 1:13-vv-00493-UNJ Document 23-1 Filed 04/08/15 Page 4 of 5Case 1:13-vv-00493-UNJ Document 23-1 Filed 04/08/15 Page 5 of 5