Ian Kratzer v. HHS - Varicella, Guillain-Barre Syndrome (2014)
Case summary [AI summaries can sometimes make mistakes]
Ian Kratzer filed a petition on October 14, 2014, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of a varicella vaccine administered on April 6, 2010. The respondent is the Secretary of Health and Human Services.
The case proceeded as a Table claim, as GBS is listed on the Vaccine Injury Table for the varicella vaccine. The public decision does not describe the specific onset of symptoms, medical tests, or treatments.
On September 24, 2014, a decision was entered awarding compensation to Mr. Kratzer based on a stipulation between the parties.
Subsequently, on October 10, 2014, the parties filed a Stipulation of Fact Regarding Attorneys' Fees and Costs. Special Master Nora Beth Dorsey reviewed this stipulation.
The parties agreed to a total award for attorneys' fees and costs in the amount of $12,000.00. Petitioner's counsel represented that the petitioner did not personally advance any reimbursable costs.
Special Master Dorsey granted the request for approval and payment of attorneys' fees and costs, finding the stipulation to be reasonable. The award was to be made in the form of a check jointly payable to Ian Kratzer and his attorney, Diana L.
Stadelnikas Sedar, Esq., of Maglio, Christopher & Toale, P.A., in the amount of $12,000.00. Judgment was to be entered in accordance with the stipulation, with the clerk of the court to enter judgment unless a motion for review was filed.
Theory of causation
Petitioner Ian Kratzer alleged that he suffered Guillain-Barre Syndrome (GBS) as a result of a varicella vaccine administered on April 6, 2010. This case proceeded as a Table claim, as GBS is listed on the Vaccine Injury Table for the varicella vaccine. The parties reached a stipulation of fact regarding attorneys' fees and costs. On September 24, 2014, a decision was entered awarding compensation to petitioner based on this stipulation. On October 10, 2014, the parties filed a Stipulation of Fact Regarding Attorneys' Fees and Costs, agreeing to a total award of $12,000.00 for attorneys' fees and costs. Special Master Nora Beth Dorsey approved this stipulation on November 4, 2014. The public decision does not detail the specific mechanism of causation, expert testimony, or the breakdown of the award beyond attorneys' fees and costs.
Source PDFs
USCOURTS-cofc-1_13-vv-00243