Maria Candell v. HHS - Hepatitis B, brachial plexitis (2015)
Case summary [AI summaries can sometimes make mistakes]
Maria Candell filed a petition on November 3, 2011, alleging that a series of Hepatitis B vaccinations she received on November 8, 2010, December 6, 2010, and May 9, 2011 caused her to develop brachial plexitis, with residual effects lasting more than six months. On August 14, 2015, the parties filed a joint stipulation.
Respondent denied that the Hepatitis B vaccines caused petitioner to suffer brachial plexitis or any other injury, or that her current disabilities were sequelae of her alleged injury. Nonetheless, the parties agreed to resolve the case through stipulation, and Special Master Moran found the stipulation reasonable and adopted it as the decision of the Court.
Petitioner received a lump sum of $57,500.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). On October 15, 2015, petitioner filed a stipulation for attorneys' fees and costs.
Special Master Moran awarded $73,400.00, payable jointly to petitioner and her counsel, Diana Stadelnikas Sedar of Maglio Christopher & Toale, PA. Petitioner did not personally incur any costs while represented by that law firm.
Theory of causation
Hep B series (Nov 8, 2010; Dec 6, 2010; May 9, 2011) → brachial plexitis (and/or SIRVA). Joint stipulation Aug 14, 2015; respondent denied causation; SM Moran. $57,500. Fees $73,400 (Sedar, Maglio Christopher Toale).
Source PDFs
USCOURTS-cofc-1_11-vv-00729