VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00891
Package ID: USCOURTS-cofc-1_12-vv-00891
Petitioner: Ray H Baker, Jr.
Filed: 2012-12-19
Decided: 2014-12-19
Vaccine: influenza
Vaccination date: 2011-10-11
Condition: brachial plexopathy
Outcome: compensated
Award amount USD: 50000

AI-assisted case summary:
Ray H. Baker, Jr. filed a petition on December 19, 2012, alleging that he developed brachial plexopathy as a result of receiving an influenza vaccine on or about October 11, 2011. He further alleged that he experienced residual effects of his injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccination caused petitioner's brachial plexopathy or any other injury. However, the parties reached a joint stipulation for damages. Special Master Thomas L. Gowen adopted this stipulation, awarding Mr. Baker a lump sum of $50,000.00 as compensation for all available damages. This amount was to be paid by check to petitioner. A separate decision on January 12, 2015, approved a joint stipulation for attorneys' fees and costs, awarding $26,500.00 to petitioner's counsel, Diana L. Stadelnikas Sedar of Maglio Christopher & Toale, PA. This award was to be paid by check jointly to petitioner and his attorney. The case was resolved through these stipulations, with the petitioner receiving compensation for his injury. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of injury. Petitioner was represented by Diana L. Stadelnikas Sedar, and respondent was represented by Ryan D. Pyles. Special Master Thomas L. Gowen presided over both decisions.

Theory of causation field:
Petitioner Ray H. Baker, Jr. alleged that he developed brachial plexopathy as a result of receiving an influenza vaccine on or about October 11, 2011, and experienced residual effects for more than six months. The respondent denied causation. The parties reached a joint stipulation for damages and attorneys' fees. Special Master Thomas L. Gowen adopted the stipulation, awarding petitioner $50,000.00 in lump sum for all damages. Petitioner's counsel, Diana L. Stadelnikas Sedar, received $26,500.00 for attorneys' fees and costs. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, and the case was resolved via stipulation rather than litigation on the merits.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00891-0
Date issued/filed: 2014-12-19
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/25/2014) regarding 31 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:12-vv-00891-UNJ Document 39 Filed 12/19/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-891V
Filed: November 25, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
RAY H BAKER., JR, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Brachial Plexopathy;
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Diana L. Stadelnikas Sedar, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Ryan D. Pyles, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On December 19, 2012, Ray H. Baker, Jr. (“petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006).
Petitioner alleged that, as a result of receiving an influenza (“flu”) vaccine on or about October
11, 2011, he developed brachial plexopathy. Stipulation ¶ 2, 4, filed Nov. 25, 2014. Further,
petitioner alleged that he experienced residual effects of his injury for more than six months. Id.
at ¶ 4.
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 website of the United States Court of Federal
Claims, 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).
2 The National Vaccine Injury Compensation Program is set forth in 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-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:12-vv-00891-UNJ Document 39 Filed 12/19/14 Page 2 of 7
On November 25, 2014, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation. Respondent denies that the flu vaccination caused
petitioner’s brachial plexopathy or any other injury or condition. Id. at ¶ 6. Nevertheless, the
parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the
stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the
terms set forth therein.
The parties stipulate that petitioner shall receive the following compensation:
A lump sum of $50,000.00, in the form of a check payable to petitioner, Ray H.
Baker, Jr. This amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a).
Id. at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
The clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of
the parties’ stipulation.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

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DOCUMENT 2: USCOURTS-cofc-1_12-vv-00891-1
Date issued/filed: 2015-01-12
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/08/2014) regarding 36 DECISION Fees Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:12-vv-00891-UNJ Document 40 Filed 01/12/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-891V
Filed: December 8, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
RAY H BAKER, JR., *
* Special Master Gowen
Petitioner, *
* Joint Stipulation;
v. * Attorneys’ Fees and Costs;
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Diana L. Stadelnikas Sedar, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Ryan D. Pyles, United States Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
On December 19, 2012, Ray H. Baker, Jr. (“petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006).
Petitioner alleged that as a result of receiving an influenza (“flu”) vaccine on or about October
11, 2011, he developed brachial plexopathy. Petition ¶¶ 1, 6. On November 25, 2014, the parties
filed a stipulation in which they agreed to an award of compensation to petitioner. On that same
day, the undersigned issued a Decision adopting the parties’ stipulation for an award. See
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 website of the United States Court of Federal
Claims, 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).
2 The National Vaccine Injury Compensation Program is set forth in 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-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:12-vv-00891-UNJ Document 40 Filed 01/12/15 Page 2 of 2
Decision on J. Stip., filed Nov. 25, 2014.
On December 8, 2014, the parties filed a stipulation concerning attorneys’ fees and costs.
Petitioner requests a total award of attorneys’ fees in the amount of $26,500.00. Stipulation at ¶
2. Respondent does not object. Id. In accordance with General Order #9, petitioner’s counsel
states that petitioner did not personally incur reimbursable costs in pursuit of this claim. Id. at ¶
3.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. §
300 aa-15(e). Based on the reasonableness of the parties’ stipulation, the undersigned GRANTS
the request for approval and payment of attorneys’ fees and costs.
Accordingly, an award should be made as follows:
(1) in the form of a check jointly payable to petitioner and to petitioner’s attorney, Diana
L. Stadelnikas Sedar, of Maglio Christopher & Toale, PA, in the amount of $26,500.00.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance herewith.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2