VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00900
Package ID: USCOURTS-cofc-1_13-vv-00900
Petitioner: Lisa N. Button
Filed: 2013-11-12
Decided: 2014-11-10
Vaccine: influenza
Vaccination date: 2011-09-24
Condition: transverse myelitis
Outcome: compensated
Award amount USD: 120000

AI-assisted case summary:
Lisa N. Button filed a petition on November 12, 2013, alleging that an influenza vaccine she received on September 24, 2011, caused her to suffer transverse myelitis (TM) with residual effects lasting more than six months. Respondent denied that the flu vaccine caused petitioner's TM or any other injury. On October 8, 2014, the parties filed a joint stipulation to settle the case. Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Petitioner was awarded a lump sum of $120,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner's counsel, Diana L. Stadelnikas Sedar of Maglio, Christopher & Toale, was awarded attorneys' fees and costs totaling $10,400.00. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the medical experts consulted. The decision was issued on November 10, 2014.

Theory of causation field:
Petitioner Lisa N. Button alleged that an influenza vaccine received on September 24, 2011, caused transverse myelitis (TM) with residual effects lasting more than six months. Respondent denied causation. The parties entered into a joint stipulation on October 8, 2014, which Special Master Christian J. Moran adopted as the decision of the Court. Petitioner was awarded $120,000.00 for all damages under 42 U.S.C. § 300aa-15(a) and $10,400.00 for attorneys' fees and costs. The public decision does not detail the specific mechanism of causation, expert testimony, or the medical evidence presented, relying instead on the joint stipulation for resolution. The decision date was November 10, 2014. Petitioner was represented by Diana L. Stadelnikas Sedar of Maglio, Christopher & Toale, and Respondent was represented by Julia McInerny of the United States Department of Justice.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00900-0
Date issued/filed: 2014-11-10
Pages: 6
Docket text: PUBLIC DECISION (Originally filed: 10/16/2014) regarding 26 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00900-UNJ Document 33 Filed 11/10/14 Page 1 of 6
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
LISA N. BUTTON, * No. 13-900V
Petitioner, * Special Master Moran
*
v. * Filed: October 16, 2014
*
SECRETARY OF HEALTH * Stipulation; Influenza (“flu”) vaccine;
AND HUMAN SERVICES, * transverse myelitis (“TM”)
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Diana L. Stadelnikas Sedar, Maglio, Christopher & Toale, Sarasota, FL, for
Petitioner;
Julia McInerny, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On October 8, 2014, respondent filed a joint stipulation concerning the
petition for compensation filed by Lisa Button on November 12, 2013. In her
petition, Ms. Button alleged that the influenza (“flu”) vaccine, which is contained
in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which she
received on September 24, 2011, caused her to suffer transverse myelitis (“TM”).
Petitioner further alleges that she experienced the residual effects of this condition
for more than six months. Petitioner represents that there has been no prior award
or settlement of a civil action for damages as a result of her condition.
Respondent denies that the flu vaccine caused petitioner’s TM or any other
injury.
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-00900-UNJ Document 33 Filed 11/10/14 Page 2 of 6
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 $120,000.00 in the form of a check payable to petitioner,
Lisa Button. 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 13-900V 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

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CCaassee 11::1133--vvvv--0000990000--UUNNJJ DDooccuummeenntt 2353 FFiilleedd 1101//0180//1144 PPaaggee 24 ooff 46

CCaassee 11::1133--vvvv--0000990000--UUNNJJ DDooccuummeenntt 2353 FFiilleedd 1101//0180//1144 PPaaggee 35 ooff 46

CCaassee 11::1133--vvvv--0000990000--UUNNJJ DDooccuummeenntt 2353 FFiilleedd 1101//0180//1144 PPaaggee 46 ooff 46

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00900-1
Date issued/filed: 2014-11-10
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/16/2014) regarding 27 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00900-UNJ Document 34 Filed 11/10/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
LISA N. BUTTON, *
* No. 13-900V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: October 16, 2014
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which
* respondent does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Diana L. Stadelnikas Sedar, Maglio, Christopher & Toale, Sarasota, FL, for
Petitioner;
Julia McInerny, United States Department of Justice, Washington, DC, for
Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On September 19, 2014, petitioner filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Petitioner submitted a
draft application for attorneys’ fees and costs to respondent for review. Upon
review of petitioner’s application, respondent raised objections to certain items.
Based on subsequent discussions, petitioner amended her application to request
$10,400.00, an amount to which respondent does not object. The Court awards
this amount.
On October 8, 2014, Lisa Button filed a petition for compensation alleging
that the influenza vaccine, which she received on September 24, 2011, caused her
to suffer transverse myelitis (“TM”). Petitioner received compensation based
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-00900-UNJ Document 34 Filed 11/10/14 Page 2 of 2
upon the parties’ stipulation. Decision, issued October 16, 2014. Because
petitioner received compensation, she is entitled to an award of attorneys’ fees and
costs. 42 U.S.C. § 300aa-15(e).
Petitioner seeks a total of $10,400.00 in attorneys’ fees and costs for her
counsel. Additionally, in compliance with General Order No. 9, petitioner states
that she incurred no 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 lump sum of $10,400.00 in the form of a check made payable to
petitioner and petitioner’s attorney, Diana L. Stadelnikas Sedar, of the
law firm Maglio, Christopher & Toale, P.A., for attorneys’ fees and
other litigation costs available under 42 U.S.C. § 300aa-15(e).
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-
6353.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2