VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00447
Package ID: USCOURTS-cofc-1_13-vv-00447
Petitioner: Robert P. Zimmerman
Filed: 2014-08-13
Decided: 2014-08-13
Vaccine: Tdap
Vaccination date: 2012-05-22
Condition: bilateral peripheral neuropathy
Outcome: compensated
Award amount USD: 10000

AI-assisted case summary:
Robert P. Zimmerman filed a petition on August 13, 2014, alleging that he suffered from bilateral peripheral neuropathy caused by a Tetanus-diphtheria-acellular pertussis (Tdap) vaccine he received on May 22, 2012. The respondent, the Secretary of Health and Human Services, denied that Mr. Zimmerman suffered from bilateral peripheral neuropathy or any other injury caused or aggravated by the vaccine, and further denied that any alleged disabilities were sequelae of a vaccine injury. The parties reached a stipulation to resolve the case. Special Master Laura D. Millman adopted the stipulation, awarding Mr. Zimmerman $10,000.00 in compensation for all damages. The decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, or treatments. The public decision does not name any medical experts or detail the specific mechanism of injury alleged. Separately, on August 13, 2014, the parties also filed a stipulation regarding attorneys' fees and costs. Special Master Millman adopted this stipulation, awarding $13,450.00 for attorneys' fees and costs, payable jointly to Mr. Zimmerman and his attorneys, Maglio, Christopher & Toale, P.A. The public decision does not provide further details on the objections raised by the respondent to the initial application for fees and costs.

Theory of causation field:
Petitioner Robert P. Zimmerman alleged that a Tdap vaccine administered on May 22, 2012, caused him to suffer from bilateral peripheral neuropathy. Respondent denied this allegation. The parties reached a stipulation to resolve the case, and Special Master Laura D. Millman adopted the stipulation, awarding $10,000.00 for all damages. The public decision does not specify the theory of causation, the medical experts consulted, or the mechanism by which the Tdap vaccine allegedly caused the bilateral peripheral neuropathy. Attorneys for the petitioner were Diana L. Stadelnikas Sedar, and for the respondent was Lynn E. Ricciardella. The decision date was August 13, 2014.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00447-0
Date issued/filed: 2014-09-04
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/13/2014) regarding 29 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:13-vv-00447-UNJ Document 37 Filed 09/04/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-447V
Filed: August 13, 2014
Not for Publication
*************************************
ROBERT P. ZIMMERMAN, *
*
Petitioner, *
* Damages decision based on stipulation;
v. * Tetanus-diphtheria-acellular pertussis
* (Tdap) vaccine; bilateral peripheral
SECRETARY OF HEALTH * neuropathy
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Diana L. Stadelnikas Sedar, Sarasota, FL, for petitioner.
Lynn E. Ricciardella, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On August 13, 2014, the parties filed the attached stipulation in which they agreed to settle
this case and described the settlement terms. Petitioner alleges that he suffered from bilateral
peripheral neuropathy that was caused by his May 22, 2012 receipt of Tetanus-diphtheria-acellular
pertussis (“Tdap”) vaccine. Respondent denies that petitioner suffered bilateral peripheral
neuropathy or any other injury caused or aggravated by his receipt of the Tdap vaccine.
Respondent further denies that petitioner’s disabilities are sequelae of his alleged vaccine injuries.
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’ 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-00447-UNJ Document 37 Filed 09/04/14 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
$10,000.00, 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 $10,000.00 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: August 13, 2014 s/ Laura D. Millman
by Nora Beth Dorsey
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-00447-1
Date issued/filed: 2014-09-04
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/13/2014) regarding 32 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:13-vv-00447-UNJ Document 38 Filed 09/04/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-447V
Filed: August 13, 2014
Not for Publication
*************************************
ROBERT P. ZIMMERMAN, *
*
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.
Lynn E. Ricciardella, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On August 13, 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 he did not
incur any costs in pursuit of his petition. Petitioner submitted his 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 his 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-00447-UNJ Document 38 Filed 09/04/14 Page 2 of 2
attorneys’ fees and costs to $13,450.00. Respondent does not object to this amount. The
undersigned finds this amount to be reasonable. Accordingly, the court awards $13,450.00,
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
$13,450.00.
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 13, 2014 s/ Laura D. Millman
by Nora Beth Dorsey
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