VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00729
Package ID: USCOURTS-cofc-1_11-vv-00729
Petitioner: Maria Candell
Filed: 2011-11-03
Decided: 2015-11-24
Vaccine: Hepatitis B
Vaccination date: 2010-11-08
Condition: brachial plexitis
Outcome: compensated
Award amount USD: 57500

AI-assisted case summary:
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 field:
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).

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_11-vv-00729-1
Date issued/filed: 2015-09-22
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/18/2015) regarding 93 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:11-vv-00729-UNJ Document 97 Filed 09/22/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
MARIA CANDELL, *
* No. 11-729V
Petitioner, * Special Master Christian J. Moran
*
v. *
* Filed: August 18, 2015
SECRETARY OF HEALTH *
AND HUMAN SERVICES, * Stipulation; Hepatitis B vaccine;
* brachial plexitis.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Diana Stadelnikas Sedar, Maglio Christopher and Toale, PA, Sarasota, FL, for
Petitioner;
Gordon E. Shemin, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On August 14, 2015, the parties filed a joint stipulation concerning the
petition for compensation filed by Maria Candell on November 3, 2011. In her
petition, Ms. Candell alleged that the Hepatitis B vaccines, which is contained in
the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which she
received on November 8, 2010, December 6, 2010, and May 9, 2011, caused her to
suffer brachial plexitis. Petitioner further alleges that she suffered the residual
effects of this injury for more than six months. Petitioner represents that there has
been no prior award or settlement of a civil action for damages on her behalf as a
result of her condition.
Respondent denies that the Hepatitis B vaccines caused brachial plexitis or
any injury to petitioner, or that her current disabilities are sequelae of her alleged
injury.
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:11-vv-00729-UNJ Document 97 Filed 09/22/15 Page 2 of 7
Nevertheless, the parties agree to the joint stipulation, attached hereto as
Appendix A. The undersigned finds said stipulation reasonable and adopts it as the
decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum payment of $57,500.00, in the form of a check payable to
petitioner, Maria Candell. This amount represents compensation for all
damages that would be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 11-729V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

Case 1:11-vv-00729-UNJ Document 97 Filed 09/22/15 Page 3 of 7

Case 1:11-vv-00729-UNJ Document 97 Filed 09/22/15 Page 4 of 7

Case 1:11-vv-00729-UNJ Document 97 Filed 09/22/15 Page 5 of 7

Case 1:11-vv-00729-UNJ Document 97 Filed 09/22/15 Page 6 of 7

Case 1:11-vv-00729-UNJ Document 97 Filed 09/22/15 Page 7 of 7

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_11-vv-00729-2
Date issued/filed: 2015-11-24
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/16/2015) regarding 100 DECISION Fees Stipulation/Proffer. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:11-vv-00729-UNJ Document 103 Filed 11/24/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
MARIA CANDELL, * No. 11-729V
*
Petitioner, * Special Master Moran
*
v. * Filed: October 16, 2015
*
SECRETARY OF HEALTH * Attorney’s fees and costs; award in
AND HUMAN SERVICES, * the amount to which respondent does
* not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Diana L. Stadelnikas Sedar, Esq., Maglio Christopher & Toale, PA, Sarasota, FL,
for Petitioner;
Gordon Shemin, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On October 15, 2015, petitioner filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. During informal
discussions respondent approved petitioner’s draft application. Based on these
discussions, petitioner requests $73,400.00 for attorneys’ fees and costs incurred
by petitioner’s counsel, an amounts to which respondent does not object. The
Court awards this amount.
On November 3, 2011, Maria Candell filed a petition for compensation,
alleging that the series of Hepatitis B vaccinations she received during 2010 and
2011 caused development of a shoulder injury related to vaccine administration
(“SIRVA”), and/or other injuries. Petitioner received compensation based upon
the parties’ stipulation. Decision, issued September 22, 2015. Because petitioner
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:11-vv-00729-UNJ Document 103 Filed 11/24/15 Page 2 of 2
received compensation, she is entitled to an award of attorneys’ fees and costs. 42
U.S.C. § 300aa-15(e).
Petitioner seeks a total of $73,400.00 in attorneys’ fees and costs.
Additionally, in compliance with General Order No. 9, petitioner has filed a
statement indicating that while represented by Maglio, Christopher, & Toale, PA
Law Firm, she did not incur costs related to the litigation of this matter.
Respondent has no objection to the amount requested for attorneys’ fees and costs.1
After reviewing the request, the Court awards the following:
A lump sum of $73,400.00, in the form of a check made payable to
petitioner and petitioner’s attorney, Diana Stadelnikas Sedar, of the law
firm of Maglio, Christopher & Toale, for attorneys’ fees and other
litigation costs available under 42 U.S.C. § 300aa-15(e).
The Court thanks the parties for their cooperative efforts in resolving this
matter. The Clerk shall enter judgment accordingly.
Any questions may be directed to my law clerk, Dan Hoffman, at (202) 357-
6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
1 In an October 16, 2015 status conference, the undersigned advised Ms. Candell’s
attorney to request more details on the invoices from the expert she retained, Thomas Wright.
2