VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00374
Package ID: USCOURTS-cofc-1_13-vv-00374
Petitioner: A.N.
Filed: 2013-06-05
Decided: 2015-09-17
Vaccine: influenza
Vaccination date: 2011-09-12
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 100000

AI-assisted case summary:
Matthias and Annika Nikolakopulos, on behalf of their daughter A.N., filed a petition for compensation on June 5, 2013. They alleged that the influenza, tetanus-diphtheria-acellular pertussis (Adacel), varicella (Varivax), and meningococcal (Menactra) vaccines, which A.N. received on September 12, 2011, caused her to suffer Guillain-Barré Syndrome (GBS). The petition stated that A.N. experienced residual effects of this injury for more than six months. The respondent denied that the vaccines caused A.N.'s GBS or any other injury, and denied that her current disabilities were sequelae of a vaccine-related injury. Despite the respondent's denial, the parties reached a joint stipulation for compensation. Special Master Christian J. Moran adopted the stipulation, awarding a lump sum of $100,000.00 to A.N.'s estate, payable to Matthias and Annika Nikolakopulos as guardians/conservators, for all damages. Judgment was to be entered accordingly unless a motion for review was filed. Subsequently, on August 13, 2015, the parties filed a stipulation concerning attorneys' fees and costs. Petitioners sought $24,300.00 for attorneys' fees and litigation costs, and $6,596.18 for out-of-pocket expenses. The respondent did not object to the total requested amount of $30,896.18. Special Master Christian J. Moran awarded these amounts, with $24,300.00 payable to petitioners and their attorney, Diana L. Stadelnikas Sedar, and $6,596.18 payable to petitioners and their guardianship attorney, James Spaustat. The public decision does not describe the onset of symptoms, specific clinical details of the GBS, diagnostic tests performed, treatments received, or the specific mechanism of causation. The attorneys for the petitioners were Diana Sedar and Diana L. Stadelnikas Sedar of Maglio, Christopher and Toale. The attorney for the respondent was Linda Renzi of the United States Department of Justice. Special Master Christian J. Moran issued the decisions.

Theory of causation field:
Petitioners alleged that the influenza, tetanus-diphtheria-acellular pertussis (Adacel), varicella (Varivax), and meningococcal (Menactra) vaccines received on September 12, 2011, caused A.N. to suffer Guillain-Barré Syndrome (GBS), with residual effects lasting more than six months. The respondent denied causation. The case proceeded to a joint stipulation for compensation, and the Special Master adopted the stipulation. The theory of causation relied upon was the Vaccine Injury Table. The public decision does not name specific medical experts or detail the mechanism of injury. A lump sum award of $100,000.00 was made for all damages. Attorneys' fees and costs totaling $30,896.18 ($24,300.00 for fees/costs and $6,596.18 for out-of-pocket expenses) were awarded. Special Master Christian J. Moran issued the decisions on February 11, 2015 (stipulation) and August 18, 2015 (fees and costs). Petitioners' counsel was Diana Sedar/Diana L. Stadelnikas Sedar, and respondent's counsel was Linda Renzi.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00374-0
Date issued/filed: 2015-03-09
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 02/11/2015) regarding 40 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00374-UNJ Document 43 Filed 03/09/15 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
MATTHIAS NIKOLAKOPULOS and *
ANNIKA NIKOLAKOPULOS, * No. 13-374V
on behalf of A.N., *
* Special Master Christian J. Moran
Petitioners, *
* Filed: February 11, 2015
v. *
* Stipulation; influenza (“flu”); tetanus-
SECRETARY OF HEALTH * diphtheria-acellular pertussis (Adacel);
AND HUMAN SERVICES, * varicella (Varivax) and meningococcal
* (Menactra) vaccines; Guillain-Barré
Respondent. * Syndrome (“GBS”).
* * * * * * * * * * * * * * * * * * * * * * * * *
Diana Sedar, Maglio, Christopher and Toale, Sarasota, FL, for Petitioners;
Linda Renzi, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On February 9, 2015, respondent filed a joint stipulation concerning the
petition for compensation filed by Matthias and Annika Nikolakopulos, on behalf
of their daughter, A.N., on June 5, 2013. In their petition, Mr. and Mrs.
Nikolakopulos alleged that the influenza (“flu”), tetanus-diphtheria-acellular
pertussis (Adacel), varicella (Varivax) and meningococcal (Menactra) vaccines,
which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a),
and which A.N. received on September 12, 2011, caused her to suffer Guillain-
Barré Syndrome (“GBS”). Petitioners further alleges that she experienced the
residual effects of this injury for more than six months. Petitioners represents that
there has been no prior award or settlement of a civil action for damages on behalf
of A.N. as a result of her condition.
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the party has 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:13-vv-00374-UNJ Document 43 Filed 03/09/15 Page 2 of 8
Respondent denies that any of A.N.’s September 12, 2011 vaccines caused
her GBS, or any other injury, and denies that her current disabilities are sequelae of
vaccine-related injury.
Nevertheless, the parties agree to the joint stipulation, attached hereto as
“Appendix A.” The undersigned finds said stipulation reasonable and adopts it as
the decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum of $100,000.00 in the form of a check payable to petitioners,
Matthias and Annika Nikolakopulos, as guardians/conservators of
A.N.’s estate. This amount represents compensation for all damages
that would be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 13-374V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6353.
IT IS SO ORDERED.
s/ Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

CCaassee 11::1133--vvvv--0000337744--UUNNJJ DDooccuummeenntt 3493 FFiilleedd 0023//0099//1155 PPaaggee 13 ooff 68

CCaassee 11::1133--vvvv--0000337744--UUNNJJ DDooccuummeenntt 3493 FFiilleedd 0023//0099//1155 PPaaggee 24 ooff 68

CCaassee 11::1133--vvvv--0000337744--UUNNJJ DDooccuummeenntt 3493 FFiilleedd 0023//0099//1155 PPaaggee 35 ooff 68

CCaassee 11::1133--vvvv--0000337744--UUNNJJ DDooccuummeenntt 3493 FFiilleedd 0023//0099//1155 PPaaggee 46 ooff 68

CCaassee 11::1133--vvvv--0000337744--UUNNJJ DDooccuummeenntt 3493 FFiilleedd 0023//0099//1155 PPaaggee 57 ooff 68

CCaassee 11::1133--vvvv--0000337744--UUNNJJ DDooccuummeenntt 3493 FFiilleedd 0023//0099//1155 PPaaggee 68 ooff 68

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00374-1
Date issued/filed: 2015-09-17
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/18/2015) regarding 46 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00374-UNJ Document 49 Filed 09/17/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
MATTHIAS NIKOLAKOPULOS *
and ANNIKA NIKOLAKOPULOS, * No. 13-374V
on behalf of A.N., *
* Special Master Christian J. Moran
Petitioners, *
* Filed: August 18, 2015
v. *
* Attorneys’ fees and costs; award
SECRETARY OF HEALTH * in the amount to which
AND HUMAN SERVICES, * respondent does not object.
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Diana L. Stadelnikas Sedar, Maglio, Christopher and Toale, Sarasota, FL, for
Petitioners;
Linda Renzi, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On August 13, 2015, petitioners filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Previously, petitioners
informally submitted a draft application for attorneys’ fees and costs to respondent
for review. Upon review of petitioners’ application, respondent raised objections
to certain items. Based on subsequent discussions, petitioners amended their
application to request $30,896.18, an amount to which respondent does not object.
The Court awards this amount.
On June 5, 2013, Matthias and Annika Nikolakopulos filed a petition for
compensation on behalf of their daughter, A.N., alleging that vaccines A.N.
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:13-vv-00374-UNJ Document 49 Filed 09/17/15 Page 2 of 2
received on September 12, 2011, caused her to suffer Guillain-Barré syndrome
(“GBS”). Petitioners received compensation based upon the parties’ stipulation.
Decision, issued Feb. 11, 2015. Because petitioners received compensation, they
are entitled to an award of attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e).
Petitioners seek a total of $24,300.00, in attorneys’ fees and costs for their
counsel. Additionally, in compliance with General Order No. 9, petitioners state
that they incurred $6,596.18, in out-of-pocket litigation expenses while pursuing
this claim. Respondent has no objection to the amount requested for attorneys’
fees and costs.
After reviewing the request, the Court awards the following:
a. A lump sum of $24,300.00, in the form of a check made payable to
petitioners and petitioners’ attorney, Diana L. Stadelnikas Sedar, for
attorneys’ fees and other litigation costs available under 42 U.S.C. §
300aa-15(e).
b. A lump sum of $6,596.18, payable to petitioners, Matthias and
Annika Nikolakopulos, and petitioners’ guardianship attorney,
James Spaustat, for costs incurred in pursuit of thier petition.
The Court thanks the parties for their cooperative efforts in resolving this
matter. The Clerk shall enter judgment accordingly.
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2