VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00429
Package ID: USCOURTS-cofc-1_13-vv-00429
Petitioner: Patricia Hercik
Filed: 2014-08-28
Decided: 2014-09-10
Vaccine: influenza
Vaccination date: 2011-01-13
Condition: Guillain-Barré Syndrome (“GBS”)
Outcome: compensated
Award amount USD: 260000

AI-assisted case summary:
Patricia Hercik filed a petition on August 28, 2014, alleging that she developed Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccine on January 13, 2011. She further alleged that she suffered residual effects from this condition for more than six months. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused Ms. Hercik's alleged GBS or any other injury. The parties, represented by Diana L. Stadelnikas Sedar for the petitioner and Ann D. Martin for the respondent, ultimately reached a stipulation of fact to resolve the case. Special Master Laura D. Millman presided over the proceedings. On September 10, 2014, the parties filed a stipulation agreeing to settle the case. The court adopted this stipulation and awarded Patricia Hercik $260,000.00 in compensation for all damages. Separately, on August 28, 2014, the parties filed a stipulation regarding attorneys' fees and costs. After initial objections by the respondent, the petitioner amended her application to $21,320.00, which the respondent did not object to. Special Master Millman found this amount to be reasonable and awarded $21,320.00 for attorneys' fees and costs, payable by check jointly to petitioner and Maglio, Christopher & Toale, P.A. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation.

Theory of causation field:
Petitioner Patricia Hercik alleged that her January 13, 2011, influenza vaccine caused her to develop Guillain-Barré Syndrome (GBS) and that she suffered residual effects for more than six months. Respondent denied causation. The parties resolved the case via a stipulation of fact. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused GBS. The case resulted in a compensated outcome. Special Master Laura D. Millman issued the decision on September 10, 2014, awarding $260,000.00 for damages based on the stipulation. Attorneys for the petitioner were Diana Stadelnikas Sedar, and for the respondent, Ann D. Martin. Attorneys' fees and costs of $21,320.00 were also awarded by stipulation on August 28, 2014.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00429-0
Date issued/filed: 2014-09-18
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/28/2014) regarding 24 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00429-UNJ Document 33 Filed 09/18/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-429V
Filed: August 28, 2014
Not for Publication
*************************************
PATRICIA HERCIK, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Diana L. Stadelnikas Sedar, Sarasota, FL, for petitioner.
Ann D. Martin, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On August 28, 2014, the parties filed a stipulation of fact in which they agreed on an
appropriate amount for attorneys’ fees and costs in this case.
In accordance with the General Order #9 requirement, petitioner asserts that she did not
incur any costs in pursuit of her petition. Petitioner submitted her request for attorneys’ fees and
costs to respondent. During informal discussions, respondent raised objections to certain items in
petitioner’s application. Based on these objections, petitioner amends her application for
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made
available to the public unless they contain trade secrets or commercial or financial information that is
privileged and confidential, or medical or similar information whose disclosure would constitute a clearly
unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and
move to redact such information prior to the document=s disclosure. If the special master, upon review,
agrees that the identified material fits within the banned categories listed above, the special master shall
redact such material from public access.

Case 1:13-vv-00429-UNJ Document 33 Filed 09/18/14 Page 2 of 2
attorneys’ fees and costs to $21,320.00. Respondent does not object to this amount. The
undersigned finds this amount to be reasonable. Accordingly, the court awards $21,320.00,
representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a
check payable jointly to petitioner and Maglio, Christopher & Toale, P.A., in the amount of
$21,320.00.
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.2
IT IS SO ORDERED.
Dated: August 28, 2014 s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00429-1
Date issued/filed: 2014-10-01
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/10/2014) regarding 29 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00429-UNJ Document 34 Filed 10/01/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-429V
Filed: September 10, 2014
Not for Publication
*************************************
PATRICIA HERCIK, *
*
Petitioner, *
*
* Damages decision based on stipulation;
v. * influenza (flu) vaccine; Guillain-Barré
* Syndrome (GBS)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Diana Stadelnikas Sedar, Sarasota, FL, for petitioner.
Ann D. Martin, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On September 9, 2014, the parties filed the attached stipulation in which they agreed to
settle this case and described the settlement terms. Petitioner alleges that she suffered
Guillain-Barré Syndrome (“GBS”) that was caused by her January 13, 2011, receipt of influenza
(“flu”) vaccine. Petitioner further alleges that she suffered the residual effects of this injury for
more than six months. Respondent denies that the flu vaccine caused petitioner’s alleged GBS or
any other injury. Nonetheless, the parties agreed to resolve this matter informally.
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made
available to the public unless they contain trade secrets or commercial or financial information that is
privileged and confidential, or medical or similar information whose disclosure would constitute a clearly
unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and
move to delete such information prior to the document’s disclosure. If the special master, upon review,
agrees that the identified material fits within the banned categories listed above, the special master shall
delete such material from public access.

Case 1:13-vv-00429-UNJ Document 34 Filed 10/01/14 Page 2 of 7
The undersigned finds the terms of the stipulation to be reasonable. The court hereby
adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and
on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of
$260,000.00, representing compensation for all damages that would be available under 42 U.S.C.
§ 300aa-15(a) (2006). The award shall be in the form of a check for $260,000.00 made payable 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.2
IT IS SO ORDERED.
Dated: September 10, 2014 s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2

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