VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00493
Package ID: USCOURTS-cofc-1_13-vv-00493
Petitioner: Terese Wackrow
Filed: 2013-07-19
Decided: 2015-04-30
Vaccine: Tdap
Vaccination date: 2010-07-23
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 49908

AI-assisted case summary:
Terese Wackrow filed a petition on July 19, 2013, alleging that a Tdap (tetanus, diphtheria, pertussis) vaccination she received on July 23, 2010 caused her to develop Guillain-Barré Syndrome (GBS). Respondent denied that the vaccination caused any injury to petitioner.

Nonetheless, both parties agreed to a joint stipulation filed April 7, 2015 to settle the case. Special Master Hamilton-Fieldman found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $35,000.00 in direct compensation, plus $14,908.00 for reimbursement of a Medicaid lien payable jointly to petitioner and County Medical Services of San Diego County, for total compensation of $49,908.00 under 42 U.S.C. § 300aa-15(a). The Court also awarded attorneys' fees and costs of $9,327.44, payable jointly to petitioner and her counsel, Diana L. Stadelnikas Sedar of Maglio, Christopher & Toale, PA. Petitioner had not personally incurred any out-of-pocket litigation expenses.

Theory of causation field:
Tdap Jul 23, 2010 → GBS. Joint stipulation Apr 7, 2015; SM Hamilton-Fieldman. Comp $49,908 ($35,000 lump sum + $14,908 Medicaid lien reimbursement, both § 300aa-15(a)). Fees $9,327.44 (Sedar, Maglio Christopher and Toale PA, Sarasota FL).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00493-0
Date issued/filed: 2015-04-30
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/08/2015) regarding 23 DECISION Stipulation. Signed by Special Master Lisa Hamilton-Fieldman. (jb) Copy to parties.
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CCaassee 11::1133--vvvv--0000449933--UUNNJJ DDooccuummeenntt 2237 FFiilleedd 0044//0380//1155 PPaaggee 11 ooff 27
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-493V
Filed: April 8, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
TERESE WACKROW, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Joint Stipulation on Damages;
v. * Tetanus-Diphtheria Vaccine;
* Guillain- Barré Syndrome;
SECRETARY OF HEALTH * Attorneys’ Fees and Costs;
AND HUMAN SERVICES, * Reasonable Amount Requested
* To Which Respondent Does Not
Respondent. * Object.
* * * * * * * * * * * * * * * *
Diana S. Sedar, Maglio Christopher and Toale, PA, Sarasota, FL, for Petitioner.
Justine E. Walters, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On July 19, 2013, Terese Wackrow (“Petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged
that a Tetanus, Diphtheria, Pertussis (“Tdap”) vaccine administered to her on July 23, 2010
caused her to suffer from Guillain-Barré Syndrome
On April 7, 2015, the parties filed a stipulation in which they state that a decision should
be entered awarding compensation and attorneys’ fees. Respondent denies that the Tetanus-
Diphtheria (“Td”) vaccination caused any injury to Petitioner. Nevertheless, the parties agree to
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling 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
Vaccine Rule 18(b), 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).
2 The National Vaccine Injury Compensation Program is set forth in 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. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

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the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation
reasonable and adopts it as the decision of the Court in awarding damages and attorneys’ fees, on
the terms set forth therein.
The parties stipulate that Petitioner and her attorney shall receive the following
compensation:
a. A lump sum of $35,000.00 in the form of a check payable to Petitioner; and
b. A lump sum of $14,908.00, which amount represents reimbursement of a
Medicaid lien, in the form of a check payable jointly to Petitioner and
County Medical Services
County of San Diego
Attn: Eligibility Operations Division
1255 Imperial Avenue, Suite 446 (MS: 414)
San Diego, California 92101
Petitioner agrees to endorse this check to County Medical Services.
Payments made pursuant to paragraphs 8(a) and 8(b) represent
compensation for all damages that would be available under 42 U.S.C. §
300aa-15(a).
c. A lump sum of $9,327.44 in the form of a check payable jointly to Petitioner
and Petitioner’s attorney, Diana L. Stadelnikas Sedar, Esq., at Maglio,
Christopher & Toale, PA, for attorneys’ fees and costs available under 42
U.S.C. § 300aa-15(e), and, in compliance with General Order #9, no out-of-
pocket expenses were incurred by Petitioner in proceeding on the petition.
Stipulation ¶ 8.
The undersigned approves the requested amount for Petitioner’s compensation and for
attorneys’ fees. Accordingly, an award should be made consistent with the stipulation.
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/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

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