VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00257 Package ID: USCOURTS-cofc-1_13-vv-00257 Petitioner: Corrine K. Ibana Filed: 2013-04-09 Decided: 2014-11-24 Vaccine: influenza Vaccination date: 2010-09-21 Condition: Guillain-Barrè syndrome Outcome: compensated Award amount USD: 15000 AI-assisted case summary: Corrine K. Ibana filed a petition on April 9, 2013, alleging that an influenza (flu) vaccination she received on September 21, 2010 caused her to develop Guillain-Barré syndrome (GBS) and that she experienced the residual effects of this injury for more than six months. Respondent denied that the flu vaccine caused petitioner's GBS, any other injury, or her current disability. Nonetheless, both parties agreed to a stipulation filed November 3, 2014 to settle the case. Special Master Corcoran found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $15,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The parties simultaneously filed a stipulation regarding attorneys' fees and costs, and Special Master Corcoran approved a separate award of $21,184.50, payable jointly to petitioner and her counsel, Diana L. Stadelnikas Sedar of Maglio Christopher and Toale, PA. Petitioner had not personally incurred any out-of-pocket litigation expenses. Theory of causation field: Flu Sep 21, 2010 → GBS (residual >6 months). Stipulation Nov 3, 2014; SM Corcoran. Comp $15,000. Fees $21,184.50 (Stadelnikas Sedar, Maglio Christopher and Toale PA, Sarasota FL). All DB fields correct. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00257-0 Date issued/filed: 2014-11-24 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 11/3/2014) regarding 32 DECISION Stipulation/Proffer (Signed by Special Master Brian H. Corcoran.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00257-UNJ Document 39 Filed 11/24/14 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-257V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CORRINE K. IBANA, * Filed: November 3, 2014 * Petitioner, * * Decision by Stipulation; Damages; v. * Influenza (“Flu”) Vaccine; * Guillain-Barrè Syndrome (“GBS”) SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Diana Sedar, Maglio Christopher and Toale, PA, Sarasota, Fl., for Petitioner. Althea Davis, U.S. Dep’t of Justice, Washington, D.C., for Respondent. DECISION AWARDING DAMAGES1 On April 9, 2013, Corrine K. Ibana filed a petition seeking compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that as a result of receiving the influenza (“flu”) vaccine on September 21, 2010, she suffered from Guillain-Barrè syndrome (“GBS”), and that she suffered the residual effects of this injury for more than six months. Respondent denies that the flu vaccine caused Petitioner’s GBS, or any other injury, or her current disability. Nonetheless both parties, while maintaining their above-stated positions, 1 Because this ruling contains a reasoned explanation for my action in this case, it will be posted 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 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To do so, Vaccine Rule 18(b) provides that 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 ruling will be available to the public. Id. 2 The National Vaccine Injury Compensation 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.A. ' 300aa-10 – 34 (2006)) [hereinafter “Vaccine Act” or “the Act”]. Individual sections references hereafter will be to ' 300aa of the Act. Case 1:13-vv-00257-UNJ Document 39 Filed 11/24/14 Page 2 of 7 agreed in a stipulation (filed November 30, 2014) that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation. I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards:  A lump sum of $15,000.00, 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. I approve a Vaccine Program award in the requested amounts set forth above to be made to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.3 IT IS SO ORDERED. /s/ Brian H. Corcoran Brian H. Corcoran Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review. 2 Case 1:13-vv-00257-UNJ Document 39 Filed 11/24/14 Page 3 of 7 Case 1:13-vv-00257-UNJ Document 39 Filed 11/24/14 Page 4 of 7 Case 1:13-vv-00257-UNJ Document 39 Filed 11/24/14 Page 5 of 7 Case 1:13-vv-00257-UNJ Document 39 Filed 11/24/14 Page 6 of 7 Case 1:13-vv-00257-UNJ Document 39 Filed 11/24/14 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_13-vv-00257-1 Date issued/filed: 2014-11-24 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 11/3/2014) regarding 33 DECISION Fees Stipulation/Proffer (Signed by Special Master Brian H. Corcoran.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00257-UNJ Document 40 Filed 11/24/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-257V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CORRINE K. IBANA, * * Petitioner, * Filed: November 3, 2014 * v. * Decision; Attorneys’ * Fees & Costs SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Diana Sedar, Maglio Christopher and Toale, PA, Sarasota, Fl., for Petitioner. Althea Davis, U.S. Dep’t of Justice, Washington, D.C., for Respondent. ATTORNEYS’ FEES AND COSTS DECISION1 On April 9, 2013, Corrine K. Ibana filed a petition seeking compensation under the National Vaccine Injury Compensation Program.2 On November 3, 2014, the parties filed a stipulation settling the case and detailing the amount to be awarded to Petitioner. I subsequently issued a decision finding the parties’ stipulation to be reasonable and granting Petitioner an award as outlined by the stipulation. 1 Because this ruling contains a reasoned explanation for my action in this case, it will be posted 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 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To do so, Vaccine Rule 18(b) provides that 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 ruling will be available to the public. Id. 2 The National Vaccine Injury Compensation 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.A. ' 300aa-10 – 34 (2006)) [hereinafter “Vaccine Act” or “the Act”]. Individual sections references hereafter will be to ' 300aa of the Act. Case 1:13-vv-00257-UNJ Document 40 Filed 11/24/14 Page 2 of 2 Prior to filing the settlement stipulation, on October 30, 2014, the parties filed another stipulation, this time regarding attorneys’ fees and costs. The parties have stipulated that Petitioner’s counsel should receive a lump sum of $21,184.50, in the form of a check payable to Petitioner and Petitioner’s counsel. This amount represents a sum to which Respondent does not object. In addition, in compliance with General Order #9, Petitioner has represented that she did not personally incur any reimbursable costs in proceeding on this petition. I approve the requested amount for attorneys’ fees and costs as reasonable. Accordingly, an award of $21,184.50 should be made in the form of a check payable jointly to Petitioner and Petitioner’s counsel, Diana L. Stadelnikas Sedar, Esq., at 1605 Main Street, Suite 710, Sarasota, Florida 34236. 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/ Brian H. Corcoran Brian H. Corcoran Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review. 2