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 In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 13-493V

Filed: April 8, 2015

* * * * * * * * * * * * * * * * UNPUBLISHED

TERESE WACKROW, *

 * Special Master Hamilton-Fieldman

Petitioner, *

 * Joint Stipulation on Damages;

v. * Tetanus-Diphtheria Vaccine;

 * Guillain- Barré Syndrome; 

SECRETARY OF HEALTH * Attorneys’ Fees and Costs; 

AND HUMAN SERVICES, * Reasonable Amount Requested 

 * To Which Respondent Does Not 

Respondent. * Object. 

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

Diana S. Sedar, Maglio Christopher and Toale, PA, Sarasota, FL, for Petitioner.

Justine E. Walters, United States Department of Justice, Washington, D.C., for Respondent.

DECISION1

On July 19, 2013, Terese Wackrow (“Petitioner”) filed a petition pursuant to the National 

Vaccine Injury Compensation Program.

2

42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged 

that a Tetanus, Diphtheria, Pertussis (“Tdap”) vaccine administered to her on July 23, 2010

caused her to suffer from Guillain-Barré Syndrome

On April 7, 2015, the parties filed a stipulation in which they state that a decision should 

be entered awarding compensation and attorneys’ fees. Respondent denies that the TetanusDiphtheria (“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 trade 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 of privacy.” Vaccine Rule 

18(b).

2 The National 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 this decision to 

individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.

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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 Petitioner 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 $14,908.00, 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 Operations 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-ofpocket expenses were incurred by Petitioner in proceeding on the petition. 

Stipulation ¶ 8.

The undersigned approves the requested amount for Petitioner’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 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/ Lisa Hamilton-Fieldman

 Lisa Hamilton-Fieldman

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.

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