VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00583
Package ID: USCOURTS-cofc-1_12-vv-00583
Petitioner: Robert Joiner
Filed: 2012-09-10
Decided: 2014-08-12
Vaccine: influenza
Vaccination date: 2009-10-16
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 155000

AI-assisted case summary:
Robert Joiner filed a petition on September 10, 2012, alleging that a trivalent influenza (flu) vaccination he received on October 16, 2009, a vaccine contained in the Vaccine Injury Table, caused him to develop Guillain-Barré Syndrome (GBS), with residual effects lasting more than six months.

Respondent denied that the flu vaccine caused petitioner's GBS or any other injury. Nonetheless, both parties agreed in a joint stipulation filed July 9, 2014 to settle the case. Special Master Moran found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $155,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

Special Master Moran also awarded $18,725.00 in attorneys' fees and costs, payable jointly to petitioner and his counsel, Diana Stadelnikas Sedar of Maglio, Christopher & Toale. Petitioner had not personally incurred any out-of-pocket litigation expenses.

Theory of causation field:
Flu Oct 16, 2009 → GBS (Table vaccine). Joint stipulation Jul 9, 2014; respondent denied causation; SM Moran. $155,000. Fees $18,725 (Sedar, Maglio Christopher & Toale, Sarasota FL).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00583-0
Date issued/filed: 2014-08-12
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/11/2014) regarding 43 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:12-vv-00583-UNJ Document 50 Filed 08/12/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
ROBERT JOINER, *
* No. 12-583V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: July 11, 2014
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”)
AND HUMAN SERVICES, * vaccine; Guillain-Barré Syndrome
* (“GBS”).
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Diana Stadelnikas Sedar, Maglio, Christopher & Toale, Sarasota, FL, for
Petitioner;
Julia W. McInerny, United States Dep’t of Justice, Washington, DC, for
Respondent.
UNPUBLISHED DECISION1
On July 9, 2014, respondent filed a joint stipulation concerning the petition
for compensation filed by Robert Joiner on September 10, 2012. In his petition,
Mr. Joiner alleged that the seasonal influenza (“flu”) vaccine, which is contained in
the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he
received on October 16, 2009, caused him to suffer Guillain-Barré Syndrome
(“GBS”). Petitioner further alleges that he experienced the residual effects of this
condition for more than six months. Petitioner represents that there has been no
prior award or settlement of a civil action for damages as a result of his condition.
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 party has 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 1:12-vv-00583-UNJ Document 50 Filed 08/12/14 Page 2 of 7
Respondent denies that the flu vaccine caused petitioner’s GBS or any other
injury.
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 of $155,000.00 in the form of a check payable to petitioner,
Robert Joiner. 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 12-583V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6353.
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

CCaassee 11::1122--vvvv--0000558833--UUNNJJ DDooccuummeenntt 4520 FFiilleedd 0078//0192//1144 PPaaggee 13 ooff 57

CCaassee 11::1122--vvvv--0000558833--UUNNJJ DDooccuummeenntt 4520 FFiilleedd 0078//0192//1144 PPaaggee 24 ooff 57

CCaassee 11::1122--vvvv--0000558833--UUNNJJ DDooccuummeenntt 4520 FFiilleedd 0078//0192//1144 PPaaggee 35 ooff 57

CCaassee 11::1122--vvvv--0000558833--UUNNJJ DDooccuummeenntt 4520 FFiilleedd 0078//0192//1144 PPaaggee 46 ooff 57

CCaassee 11::1122--vvvv--0000558833--UUNNJJ DDooccuummeenntt 4520 FFiilleedd 0078//0192//1144 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_12-vv-00583-1
Date issued/filed: 2014-08-28
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/01/2014) regarding 47 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:12-vv-00583-UNJ Document 52 Filed 08/28/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
ROBERT JOINER, *
* No. 12-583V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: August 1, 2014
*
SECRETARY OF HEALTH * Attorneys’ Fees and Costs; award
AND HUMAN SERVICES, * in the amount to which respondent
* does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Diana Stadelnikas Sedar, Maglio, Christopher & Toale, Sarasota, FL, for
Petitioner;
Julia W. McInerny, United States Dep’t of Justice, Washington, DC, for
Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On June 25, 2014, petitioner filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Previously, petitioner
informally submitted a draft application for attorneys’ fees and costs to respondent
for review. Upon review of petitioner’s application, respondent raised objections
to certain items. Based on subsequent discussions, petitioner amended his
application to request $18,725.00, an amount to which respondent does not object.
The Court awards this amount.
On September 10, 2012, Robert Joiner filed a petition for compensation
alleging that the seasonal influenza (“flu”) vaccine, which he received on October
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 1:12-vv-00583-UNJ Document 52 Filed 08/28/14 Page 2 of 2
16, 2009, caused him to suffer Guillain-Barré Syndrome (“GBS”). Petitioner
received compensation based upon the parties’ stipulation. Decision, filed July 11,
2014. Because petitioner received compensation, he is entitled to an award of
attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e).
Petitioner seeks a total of $18,725.00 in attorneys’ fees and costs for his
counsel. Additionally, in compliance with General Order No. 9, petitioner states
that he did not incur any in out-of-pocket litigation expenses while pursuing this
claim. Respondent has no objection to the amount requested for attorneys’ fees
and costs.
After reviewing the request, the Court awards the following:
A lump sum of $18,725.00 in the form of a check made payable to
petitioner and petitioner’s attorney, Diana Stadelnikas Sedar, 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, Mary Holmes, at (202) 357-
6353.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2