VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00750
Package ID: USCOURTS-cofc-1_12-vv-00750
Petitioner: David Konar
Filed: 2012-11-02
Decided: 2014-07-08
Vaccine: tetanus
Vaccination date: 2011-03-08
Condition: mental confusion and memory impairment
Outcome: compensated
Award amount USD: 16191

AI-assisted case summary:
On November 2, 2012, Ronald Konar filed a petition for compensation under the National Vaccine Injury Compensation Program on behalf of his son, David Konar. The petition alleged that David Konar suffered a vaccine-related injury, including mental confusion and memory impairment, following the administration of a tetanus vaccine on March 8, 2011. The respondent was the Secretary of Health and Human Services. On March 25, 2014, Special Master Lisa Hamilton-Fieldman issued a decision dismissing the petition. The Special Master found that the record did not contain evidence of a "Table Injury" as defined by the Vaccine Injury Table, nor did it include a medical expert's opinion or other persuasive evidence to demonstrate that the tetanus vaccine actually caused the alleged injuries. The public decision does not describe the onset of symptoms, specific medical records, or treatments. Petitioner's counsel was Diana Stadelnikas Sedar of Maglio, Christopher & Toale. Respondent's counsel was Claudia Gangi of the U.S. Department of Justice. Subsequently, on June 17, 2014, the parties filed a stipulation for attorneys' fees and costs. On July 8, 2014, Special Master Hamilton-Fieldman issued a decision awarding attorneys' fees and costs. The Special Master found that the petition was brought in good faith with a reasonable basis. The award included $15,715.50 for total attorneys' fees and costs, payable jointly to David Konar and his counsel, and $475.90 for out-of-pocket costs, payable to David Konar, for a total award of $16,191.00.

Theory of causation field:
Petitioner David Konar, vaccinated with a tetanus vaccine on March 8, 2011, allegedly suffered mental confusion and memory impairment. The petition was dismissed by Special Master Lisa Hamilton-Fieldman on March 25, 2014, due to insufficient proof of causation. The Special Master found no evidence of a "Table Injury" and no medical expert opinion or other persuasive evidence to establish that the vaccine actually caused the alleged injuries. The public decision does not describe the specific mechanism of injury or name any medical experts. Petitioner's counsel was Diana Stadelnikas Sedar, and respondent's counsel was Claudia Gangi. A subsequent stipulation for attorneys' fees and costs resulted in an award of $15,715.50 for fees and costs and $475.90 for out-of-pocket costs, totaling $16,191.00.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00750-0
Date issued/filed: 2014-04-30
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/25/2014) regarding 29 DECISION of Special Master Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:12-vv-00750-UNJ Document 30 Filed 04/30/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-750V
(E-Filed: March 25, 2014)
* * * * * * * * * * * * * * * *
DAVID KONAR * Special Master
* Hamilton-Fieldman
*
Petitioner, * Petitioner’s Motion for Dismissal
* Decision Dismissing the Petition;
v. * Insufficient Proof of Causation
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
DISMISSAL DECISION1
On November 2, 2012, Mr. Ronald Konar timely filed a petition for compensation
under the National Vaccine Injury Compensation Program (“the Program”), on behalf of
his son, David Konar.2 The caption was subsequently amended to reflect David Konar as
the proper Petitioner. Order, 3/19/2014. The petition alleges that Petitioner suffered a
1 Because this decision contains a reasoned explanation for the undersigned’s action
in this case, the undersigned intends to post this ruling 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.” Vaccine Rule 18(b). Otherwise, “the entire” decision
will be available to the public. Id.
2 The Program comprises 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. §§ 300aa-10 et
seq. ( hereinafter “Vaccine Act” or “the Act”). Hereafter, individual section references
will be to 42 U.S.C.A. § 300aa of the Act.

Case 1:12-vv-00750-UNJ Document 30 Filed 04/30/14 Page 2 of 2
vaccine-related injury that included mental confusion and memory impairment following
the administration of a tetanus vaccine on March 8, 2011. See Ex. 1 at 1. The
information in the record, however, does not show entitlement to an award under the
Program.
On March 19, 2014, Petitioner filed a Motion for a Decision dismissing his
petition. Petitioner asserts in his Motion that under the current applicable law he will be
unable to demonstrate entitlement to compensation in the Program. Petitioner’s Motion at
1. Accordingly, Petitioner requests that the undersigned dismiss the above-captioned
petition. Id.
To receive compensation under the Program, petitioners must prove either 1) that
Petitioner suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury
Table – corresponding to one of his vaccinations, or 2) that Petitioner suffered an injury
that was actually caused by a vaccine. See §§ 300aa-13(a)(1)(A) and 300aa-11(c)(1).
An examination of the record did not uncover any evidence that Petitioner suffered a
“Table Injury.” Further, the record does not contain a medical expert’s opinion or any
other persuasive evidence indicating that Petitioner’s alleged injury was vaccine-caused.
Under the Act, a petitioner may not be given a Program award based solely on the
Petitioner’s claims. Rather, the petition must be supported by either medical records or
by the opinion of a competent physician. § 300aa-13(a)(1). In this case, because there
are no medical records supporting Petitioner’s claim, a medical opinion must be offered
in support. Petitioner, however, has offered no such opinion.
Accordingly, it is clear from the record in this case that petitioners have failed to
demonstrate either that Petitioner suffered a “Table Injury” or that his injuries were
“actually caused” by a vaccination. Thus, this case is dismissed for insufficient proof.
The Clerk shall enter judgment accordingly.
IT IS SO ORDERED.
s/Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_12-vv-00750-1
Date issued/filed: 2014-07-08
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 6/17/2014) regarding 34 DECISION Fees Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:12-vv-00750-UNJ Document 37 Filed 07/08/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-750V
(E-Filed: June 17, 2014)
* * * * * * * * * * * * * * *
DAVID KONAR, * 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, Sarasota, FL, for Petitioner.
Claudia Gangi, 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 March 25, 2014. On June 17, 2014, the parties filed a
stipulation concerning attorneys’ fees and costs in this matter. The parties’ stipulation
requests a total payment of $15, 715.50, representing total attorneys’ fees and costs.
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 1:12-vv-00750-UNJ Document 37 Filed 07/08/14 Page 2 of 2
Pursuant to General Order #9, Petitioner stated that he incurred $ 475.90 in out-of-pocket
costs.
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
reasonable and appropriate. Accordingly, I hereby award the amount of $15,715.50,
in the form of a check made payable jointly to Petitioner and Petitioner’s counsel,
Diana Stadelnikas Sedar, Esq., Maglio, Christopher & Toale, PA. I additionally
award costs of $475.90, in the form of a check made payable to Petitioner.
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