VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_10-vv-00834
Package ID: USCOURTS-cofc-1_10-vv-00834
Petitioner: Jacob J. Powell
Filed: 2015-06-05
Decided: 2015-06-29
Vaccine: 
Vaccination date: 
Condition: 
Outcome: compensated
Award amount USD: 78500

AI-assisted case summary:
Jacob J. Powell filed a petition under the National Vaccine Injury Compensation Program on June 5, 2015. The case progressed, and on June 4, 2015, the parties filed a Stipulation of Fact Concerning Attorneys’ Fees and Costs. Respondent did not object to the amount requested by petitioner for attorney fees and costs. The decision notes that petitioner incurred no costs in pursuit of the claim. Chief Special Master Denise Kathryn Vowell found that the petition was brought in good faith and had a reasonable basis, making an award for fees and costs appropriate. The court awarded a total of $78,500.00 as a lump sum payable jointly to Jacob Powell and his attorney, Diana L. Stadelnikas Sedar, to cover all legal expenses. The clerk of the court was ordered to enter judgment in accordance with this decision. The public decision does not describe the specific vaccine(s) administered, the date(s) of vaccination, the alleged condition, the petitioner's age at vaccination, the clinical story, or any specific medical experts.

Theory of causation field:
The public decision does not describe the theory of causation, the specific vaccine(s) or dates of vaccination, the alleged injury, or any medical experts. The case resulted in a stipulation for attorney fees and costs, with Chief Special Master Denise Kathryn Vowell awarding $78,500.00 jointly to petitioner Jacob Powell and attorney Diana L. Stadelnikas Sedar. The decision was filed on June 29, 2015, and the petition was filed on June 5, 2015.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_10-vv-00834-0
Date issued/filed: 2014-11-04
Pages: 12
Docket text: PUBLIC DECISION (Originally filed: 10/08/2014) regarding 73 DECISION Stipulation/Proffer, Signed by Chief Special Master Denise Kathryn Vowell. (dlb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:10-vv-00834-UNJ Document 79 Filed 11/04/14 Page 1 of 12

Case 1:10-vv-00834-UNJ Document 79 Filed 11/04/14 Page 2 of 12

Case 1:10-vv-00834-UNJ Document 79 Filed 11/04/14 Page 3 of 12

Case 1:10-vv-00834-UNJ Document 79 Filed 11/04/14 Page 4 of 12

Case 1:10-vv-00834-UNJ Document 79 Filed 11/04/14 Page 5 of 12

Case 1:10-vv-00834-UNJ Document 79 Filed 11/04/14 Page 6 of 12

Case 1:10-vv-00834-UNJ Document 79 Filed 11/04/14 Page 7 of 12

Case 1:10-vv-00834-UNJ Document 79 Filed 11/04/14 Page 8 of 12

Case 1:10-vv-00834-UNJ Document 79 Filed 11/04/14 Page 9 of 12

Case 1:10-vv-00834-UNJ Document 79 Filed 11/04/14 Page 10 of 12

Case 1:10-vv-00834-UNJ Document 79 Filed 11/04/14 Page 11 of 12

Case 1:10-vv-00834-UNJ Document 79 Filed 11/04/14 Page 12 of 12

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_10-vv-00834-1
Date issued/filed: 2015-06-29
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 06/05/2015) regarding 82 DECISION Fees Stipulation. Signed by Chief Special Master Denise Kathryn Vowell. (mbl) Copy to parties.
--------------------------------------------------------------------------------
Case 1:10-vv-00834-UNJ Document 85 Filed 06/29/15 Page 1 of 2
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 10-834V
Filed: June 5, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JACOB J. POWELL, *
*
Petitioner, * Attorney Fees and Costs;
v. * Stipulation
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Diana S. Sedar, Maglio Christopher and Toale, PA, for petitioner.
Althea W. Davis, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEY’S FEES AND COSTS1
Vowell, Chief Special Master:
In this case under the National Vaccine Injury Compensation Program
[hereinafter “the Program”],2 the parties filed a Stipulation of Fact Concerning Attorneys’
Fees and Costs [“Stipulation”] on June 4, 2015. The Stipulation indicates that, after
informal discussions with respondent, petitioner now requests an amount to which
respondent does not object. Pursuant to General Order #9, the Stipulation also
indicates that petitioner has not incurred any costs in pursuit of the claim.
I find 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
1 Because this unpublished decision contains a reasoned explanation for the action in this case, it will be
posted 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), petitioner has 14 days to identify and move to
delete medical or other information, the disclosure of which would constitute an unwarranted invasion of
privacy. If, upon review, I agree that the identified material fits within this definition, I will delete such
material from public access.
2 The applicable statutory provisions defining the Program are found at 42 U.S.C. § 300aa-10 et seq.
(2006).

Case 1:10-vv-00834-UNJ Document 85 Filed 06/29/15 Page 2 of 2
reasonable and appropriate. Accordingly, I hereby award the total $78,500.003 as
follows:
 a lump sum of $78,500.00 in the form of a check payable jointly to
petitioner, Jacob Powell, and attorney Diana L. Stadelnikas Sedar for
petitioner’s attorney fees and costs.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all
charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered.
Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including
costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS, 924
F.2d 1029 (Fed. Cir.1991).
4 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review.
See Vaccine Rule 11(a).