VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00205
Package ID: USCOURTS-cofc-1_13-vv-00205
Petitioner: Kearsten Demczuk
Filed: 2015-04-13
Decided: 2015-08-26
Vaccine: Tdap
Vaccination date: 2010-03-23
Condition: reactive inflammatory arthritis
Outcome: compensated
Award amount USD: 367350

AI-assisted case summary:
Kearsten Demczuk filed a petition on March 21, 2013, alleging that a tetanus-diptheria (TD) vaccine administered on March 23, 2010, caused her to develop reactive inflammatory arthritis. The respondent, the Secretary of Health and Human Services, denied that the vaccination caused the injury. However, the parties reached a joint stipulation for damages, which was approved by Special Master Lisa Hamilton-Fieldman on April 13, 2015. Petitioner was awarded a lump sum of $335,000.00 for all damages. Subsequently, on August 4, 2015, the parties filed a stipulation concerning attorneys' fees and costs, agreeing to an award of $32,350.00. Special Master Hamilton-Fieldman found the petition was brought in good faith with a reasonable basis and awarded the agreed-upon amount for fees and costs on August 26, 2015. The total compensation awarded to Kearsten Demczuk was $367,350.00. Petitioner was represented by Frederick J. Daley, Jr. of Daley Disability Law, P.C., and respondent was represented by Ann Martin of the United States Department of Justice.

Theory of causation field:
Petitioner Kearsten Demczuk alleged that a tetanus-diptheria (TD) vaccine administered on March 23, 2010, caused her to suffer from reactive inflammatory arthritis. The respondent denied causation. The parties reached a joint stipulation for damages, awarding Petitioner $335,000.00 for all damages. Attorneys' fees and costs were stipulated at $32,350.00. Special Master Lisa Hamilton-Fieldman approved the stipulations on April 13, 2015 (damages) and August 26, 2015 (fees and costs), finding the petition was brought in good faith with a reasonable basis. The public decision does not describe the specific medical mechanism, onset, symptoms, tests, treatments, or expert testimony relied upon for the causation theory or the stipulation. Petitioner was represented by Frederick J. Daley, Jr., and respondent by Ann Martin.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00205-0
Date issued/filed: 2015-05-04
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 4/13/2015) regarding 27 DECISION Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00205-UNJ Document 30 Filed 05/04/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-205V
Filed: April 13, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
KEARSTEN DEMCZUK, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Joint Stipulation on Damages;
v. * Tetanus-Diptheria (“TD”) Vaccine;
* Reactive Inflammatory Arthritis.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Frederick J. Daley, Jr., Daley Disability Law, P.C., Chicago, IL, for Petitioner.
Ann Martin, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On March 21, 2013, Kearsten Demczuk (“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 the administration of a tetanus-diptheria (“TD”) vaccine on March 23,
2010 caused her to suffer from reactive inflammatory arthritis.
On April 13, 2015, the parties filed a stipulation in which they state that a decision should
be entered awarding compensation. Respondent denies that Petitioner’s TD vaccination caused
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 1:13-vv-00205-UNJ Document 30 Filed 05/04/15 Page 2 of 7
Petitioner’s reactive inflammatory arthritis or any other injury. 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 $335,000.00, in the form of a check payable to Petitioner. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a).
Stipulation ¶ 8.
The undersigned approves the requested amount for Petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
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

CCaassee 11::1133--vvvv--0000220055--UUNNJJ DDooccuummeenntt 2360 FFiilleedd 0045//1034//1155 PPaaggee 13 ooff 57

CCaassee 11::1133--vvvv--0000220055--UUNNJJ DDooccuummeenntt 2360 FFiilleedd 0045//1034//1155 PPaaggee 24 ooff 57

CCaassee 11::1133--vvvv--0000220055--UUNNJJ DDooccuummeenntt 2360 FFiilleedd 0045//1034//1155 PPaaggee 35 ooff 57

CCaassee 11::1133--vvvv--0000220055--UUNNJJ DDooccuummeenntt 2360 FFiilleedd 0045//1034//1155 PPaaggee 46 ooff 57

CCaassee 11::1133--vvvv--0000220055--UUNNJJ DDooccuummeenntt 2360 FFiilleedd 0045//1034//1155 PPaaggee 57 ooff 57

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_13-vv-00205-1
Date issued/filed: 2015-08-26
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 8/5/2015) regarding 33 DECISION Fees Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
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Case 1:13-vv-00205-UNJ Document 36 Filed 08/26/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-205V
Filed: August 5, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
KEARSTEN DEMCZUK, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Attorneys’ Fees and Costs;
v. * Reasonable Amount Requested to
* which Respondent Does Not Object.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Frederick J. Daley, Jr., Daley Disability Law, P.C., Chicago, IL, for Petitioner.
Ann Martin, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On March 21, 2013, Kearsten Demczuk (“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 the administration of a tetanus-diptheria (“TD”) vaccine on March 23,
2010 caused her to suffer from reactive inflammatory arthritis. On April 13, 2015, the
undersigned issued a decision awarding compensation to Petitioner.
On August 4, 2015, the parties filed a Stipulation of Facts Concerning Attorneys’ Fees
and Costs. Pursuant to their Stipulation, the parties have agreed to an award of $32,350.00 in
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 1:13-vv-00205-UNJ Document 36 Filed 08/26/15 Page 2 of 2
attorneys’ fees and costs. In accordance with General Order Number 9, Petitioner represents that
she has not personally incurred any costs in pursuit of her claim.
The undersigned finds 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, the undersigned hereby awards the amount of $32,350.00, in the
form of a check made payable jointly to Petitioner and Petitioner’s counsel, Frederick J.
Daley, Jr., of the law firm of Daley Disability Law, P.C.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
/s/ Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
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