VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00883
Package ID: USCOURTS-cofc-1_13-vv-00883
Petitioner: Douglas D. Nichols
Filed: 2015-03-23
Decided: 2015-04-15
Vaccine: influenza
Vaccination date: 
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 74533

AI-assisted case summary:
Douglas D. Nichols filed a petition on March 23, 2015, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered Guillain-Barré syndrome (GBS) and related complications as a result of receiving an influenza vaccine. The respondent denied that the GBS was caused by the vaccine. However, both parties agreed to settle the case through a stipulation filed on March 23, 2015. Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as his decision. The stipulation awarded Mr. Nichols a lump sum of $60,000.00, payable to him, as compensation for all damages available under 42 U.S.C. § 300aa-15(a). Additionally, a lump sum of $1,556.10 was awarded to satisfy a Florida Medicaid lien, payable jointly to Mr. Nichols and Xerox Recovery Services. Mr. Nichols agreed to endorse this payment to Xerox Recovery Services. The total compensation awarded for damages and the lien satisfaction was $61,556.10. Separately, on March 24, 2015, counsel for both parties filed a joint stipulation regarding attorney's fees and costs. Special Master Brian H. Corcoran approved this stipulation, awarding a lump sum of $12,977.56 for attorney's fees and costs, payable jointly to Mr. Nichols and his counsel, Diana L. Stadelnikas Sedar. Petitioner represented that he did not incur any reimbursable costs. The total compensation awarded to Mr. Nichols, including damages, lien satisfaction, and attorney's fees and costs, was $74,533.66. The public decision does not describe the onset of symptoms, specific clinical details, medical tests, treatments, or the specific mechanism of causation. Petitioner was represented by Diana Sedar of Maglio, Christopher and Toale, PA, and the respondent was represented by Alexis Babcock of the U.S. Department of Justice.

Theory of causation field:
Petitioner Douglas D. Nichols alleged that he suffered Guillain-Barré syndrome (GBS) and related complications as a result of receiving an influenza vaccine. The respondent denied causation. The parties reached a stipulation for settlement, and Special Master Brian H. Corcoran adopted the stipulation as his decision. The stipulation awarded $60,000.00 for all damages and $1,556.10 for a Florida Medicaid lien satisfaction, totaling $61,556.10. A separate stipulation awarded $12,977.56 for attorney's fees and costs, payable jointly to Petitioner and counsel Diana L. Stadelnikas Sedar. The total award was $74,533.66. 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 was resolved by stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00883-0
Date issued/filed: 2015-04-13
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/23/2015) regarding 26 DECISION Stipulation. Signed by Special Master Brian H. Corcoran. (ag) Copy to parties.
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Case 1:13-vv-00883-UNJ Document 34 Filed 04/13/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-883V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
DOUGLAS D. NICHOLS, *
*
Petitioner, * Filed: March 23, 2015
*
v. * Decision by Stipulation; Damages;
* Influenza (“Flu”) Vaccine;
* Guillain-Barré Syndrome (“GBS”)
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Diana Sedar, Maglio, Christopher and Toale, PA, Sarasota, FL, for Petitioner.
Alexis Babcock, U.S. Dep’t of Justice, Washington, DC, for Respondent
DECISION AWARDING DAMAGES1
On November 8, 2013, Douglas Nichols filed a petition seeking compensation under the
National Vaccine Injury Compensation Program (the “Vaccine Program”).2 Petitioner alleges
that he suffered Guillain-Barré syndrome (“GBS”) and related complications as a result of
receiving an influenza (“flu”) vaccine.
1 Because this decision contains a reasoned explanation for my action in this case, I will post this decision on the
United States Court of Federal Claims’ website, 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 posted decision’s inclusion of certain kinds of
confidential information. Specifically, under 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). Otherwise, the whole decision will
be available to the public. (Id.)
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.A. ' 300aa-10-' 300aa-34
(West 1991 & Supp. 2002). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A.
' 300aa.

Case 1:13-vv-00883-UNJ Document 34 Filed 04/13/15 Page 2 of 7
Respondent denies that Petitioner’s GBS and any related medical problems were caused
by the receipt of the flu vaccine. Nonetheless both parties, while maintaining their above-stated
positions, agreed in a stipulation filed March 23, 2015 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 is reasonable. I therefore adopt it as my decision in awarding damages on the terms
set forth therein.
The stipulation awards:
(a) A lump sum of $60,000.00, 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); and
(b) A lump sum of $1,556.10 representing compensation for satisfaction of the
State of Florida Medicaid lien, payable jointly to the Petitioner and
Xerox Recovery Services
P.O. Box 12188
Tallahassee, FL 32317-2188
Attn: April Baucham
Petitioner agrees to endorse this payment to Xerox Recovery Services.
Stipulation ¶ 8.
I approve a Vaccine Program award in the requested amount 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 jointly filing notice renouncing
their right to seek review.
2

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00883-1
Date issued/filed: 2015-04-15
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/24/2015) regarding 28 DECISION Fees Stipulation Signed by Special Master Brian H. Corcoran. (ag) Copy to parties.
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Case 1:13-vv-00883-UNJ Document 35 Filed 04/15/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-883V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
DOUGLAS D. NICHOLS, *
* Filed: March 24, 2015
Petitioner, *
* Decision by Stipulation; Attorney’s
v. * Fees & Costs
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Diana L. Stadelnikas Sedar, Maglio Christopher and Toale, PA, Sarasota, FL, for Petitioner
Alexis Babcock, U.S. Dep’t of Justice, Washington, DC, for Respondent
ATTORNEY’S FEES AND COSTS DECISION1
On November 8, 2013, Douglas D. Nichols filed a petition seeking compensation under
the National Vaccine Injury Compensation Program (the “Vaccine Program@). On March 23,
2015, the parties filed a stipulation detailing an amount to be awarded to Petitioner. I
subsequently issued a decision finding the parties’ stipulation to be reasonable and granting
Petitioner the award outlined by the stipulation.
On March 24, 2015, counsel for both parties filed another joint stipulation, this time in
regards to attorney’s fees and costs. The parties have stipulated that Petitioner’s counsel should
receive a lump sum of $12,977.56, in the form of a check payable to Petitioner and Petitioner’s
1 Because this decision contains a reasoned explanation for my action in this case, I will post this decision on the
United States Court of Federal Claims’ website, 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 posted decision’s inclusion of certain kinds of
confidential information. Specifically, under 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). Otherwise, the whole decision will
be available to the public. (Id.)

Case 1:13-vv-00883-UNJ Document 35 Filed 04/15/15 Page 2 of 2
counsel. This amount represents a sum to which respondent does not object. In addition, and in
compliance with General Order #9, Petitioner has represented that he did not incur any
reimbursable costs in proceeding on this petition.
I approve the requested amount for attorney’s fees and costs as reasonable. Accordingly,
an award should be made in the form of a check payable jointly to Petitioner and Petitioner’s
counsel, Diana L. Stadelnikas Sedar, Esq. 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.2
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their
right to seek review.