VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_10-vv-00817
Package ID: USCOURTS-cofc-1_10-vv-00817
Petitioner: Jan Gaynor
Filed: 2010-11-29
Decided: 2014-09-24
Vaccine: influenza
Vaccination date: 2008-11-14
Condition: Guillain-Barrè syndrome
Outcome: compensated
Award amount USD: 125000

AI-assisted case summary:
Jan Gaynor filed a petition on November 29, 2010, alleging that an influenza vaccination she received on November 14, 2008 caused her to develop Guillain-Barré syndrome.

Respondent denied that the influenza vaccination caused petitioner's GBS or any other injury. Nevertheless, the parties agreed in a stipulation filed August 12, 2014 that the issues could be settled and that compensation should be awarded. Special Master Hamilton-Fieldman found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $125,000.00, representing all damages available under 42 U.S.C. § 300aa-15(a).

On September 3, 2014, the parties filed a stipulation for attorneys' fees and costs. Special Master Hamilton-Fieldman awarded $54,328.00, payable jointly to petitioner and her counsel, Diana Stadelnikas Sedar, Esq., of Maglio, Christopher & Toale, PA. Petitioner had not personally incurred any litigation costs.

Theory of causation field:
Flu vaccine Nov 14, 2008 → GBS. Joint stipulation Aug 12, 2014; respondent denied causation; SM Hamilton-Fieldman. $125,000. Fees $54,328 (SM Sept 3, 2014). decision_date corrected: 2014-09-03 → 2014-09-24 (granule 1 date_issued; DB had e-filed date). award corrected: 179328 → 125000 (DB had comp+fees combined).

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_10-vv-00817-0
Date issued/filed: 2014-09-05
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/12/2014) regarding 58 DECISION Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:10-vv-00817-UNJ Document 65 Filed 09/05/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 10-817V
(E-Filed: August 12, 2014)
* * * * * * * * * * * * * * *
JAN GAYNOR, * UNPUBLISHED
*
Petitioner, * Special Master
* Hamilton-Fieldman
v. *
* Influenza Vaccine; Guillain-Barrè
SECRETARY OF HEALTH AND * syndrome; Decision; Stipulation.
HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * *
Diana Stadelnikas Sedar, Maglio, Christopher & Toale, PA, Sarasota, FL, for Petitioner.
Lisa A. Watts, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On November 29, 2010, Petitioner, Jan Gaynor, filed a petition seeking
compensation under the National Vaccine Injury Compensation Program (Athe Vaccine
Program@). Petitioner alleged that she suffered Guillain-Barrè (“GBS”) as a result of
receiving an influenza vaccination on November 14, 2008.2
1 Because this decision contains a reasoned explanation for the undersigned’s
action in this case, the undersigned intends 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)). 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.” Otherwise, “the entire” decision will be available to
the public. Id.
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.A. ' 300aa-10-' 300aa-34 (West 1991 & Supp. 2002)
1

Case 1:10-vv-00817-UNJ Document 65 Filed 09/05/14 Page 2 of 7
Respondent denies that Petitioner’s influenza vaccination caused her GBS and/or
any other injury. Nonetheless, both parties, while maintaining their above stated
positions, agreed in a Stipulation, filed August 12, 2014, (“Stipulation”) that the issues
before them can be settled and that a decision should be entered awarding Petitioner
compensation.
The undersigned finds said stipulation reasonable and adopts it as the decision of
the Court in awarding damages, on the terms set forth therein.
The stipulation awards:
A lump sum of $125,000.00 in the form of a check payable to Petitioner,
representing all damages available under 42 U.S.C. §300aa-15(a) to which
Petitioner would be entitled.
Stipulation ¶ 8(a)
The undersigned approves the requested amounts for Petitioner’s compensation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court is directed to enter judgment herewith.3
IT IS SO ORDERED.
s/Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
(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.
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.
2

Case 1:10-vv-00817-UNJ Document 65 Filed 09/05/14 Page 3 of 7

Case 1:10-vv-00817-UNJ Document 65 Filed 09/05/14 Page 4 of 7

Case 1:10-vv-00817-UNJ Document 65 Filed 09/05/14 Page 5 of 7

Case 1:10-vv-00817-UNJ Document 65 Filed 09/05/14 Page 6 of 7

Case 1:10-vv-00817-UNJ Document 65 Filed 09/05/14 Page 7 of 7

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_10-vv-00817-1
Date issued/filed: 2014-09-24
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/03/2014) regarding 63 DECISION Fees Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:10-vv-00817-UNJ Document 67 Filed 09/24/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 10-817V
(E-Filed: September 3, 2014)
* * * * * * * * * * * * * * *
JAN GAYNOR, * UNPUBLISHED
*
Petitioner, * Special Master
* Hamilton-Fieldman
v. *
* Decision on Attorneys’ Fees and Costs.
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. * .
* * * * * * * * * * * * * * *
Diana Stadelnikas Sedar., Maglio, Christopher & Toale, PA, Sarasota, FL, for Petitioner.
Lisa A. Watts, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION1 (ATTORNEY FEES AND COSTS)
In this case under the National Vaccine Injury Compensation Program,2 the
undersigned issued a decision on August 12, 2014. On September 3, 2014, the parties
filed a Stipulation for Attorneys’ Fees and Costs. This stipulation requests a total
payment of $54,328.00, representing total attorneys’ fees and costs. Pursuant to General
Order #9, the stipulation reflects that Petitioner incurred no costs in pursuit of his claim.
1 The undersigned intends to post this unpublished 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)). 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 trade
secret or commercial or financial information and is privileged or confidential, or (2) that
are medical files and similar files the disclosure of which would constitute a clearly
unwarranted invasion of privacy.” Otherwise, “the entire” decision will be available to
the public. Id.
2 The applicable statutory provisions defining the program are found at 42 U.S.C.
§ 300aa-10 et seq. (2006).
1

Case 1:10-vv-00817-UNJ Document 67 Filed 09/24/14 Page 2 of 2
The undersigned finds that this petition was brought in good faith and that there
existed a reasonable basis for the claim. Therefore, an award for fees and costs is
appropriate, pursuant to 42 U.S.C. § 300aa-15(b) and (e)(1). Further, the proposed
amount seems reasonable and appropriate. Accordingly, the undersigned hereby
awards the amount of $54,328.00, in the form of a check made payable jointly to
Petitioner and Petitioner’s counsel, Diana Stadelnikas Sedar, Esq, forwarded to the
address of 1605 Main Street, Suite 710, Sarasota, Florida 34236.
In the absence of a timely-filed motion for review filed pursuant to Appendix B of
the Rules of the U.S. Court of Federal Claims, the clerk of the court shall enter judgment
in accordance herewith.
IT IS SO ORDERED.
s/Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
2