VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00905
Package ID: USCOURTS-cofc-1_13-vv-00905
Petitioner: James D Saffold
Filed: 2015-03-25
Decided: 2015-04-28
Vaccine: influenza
Vaccination date: 2012-09-06
Condition: Guillain Barre Syndrome
Outcome: compensated
Award amount USD: 100000

AI-assisted case summary:
James D. Saffold filed a petition on March 25, 2015, alleging that he developed Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccine on September 6, 2012. He further alleged that he experienced residual effects of his injury for more than six months. The parties notified the court of a tentative agreement to settle the case. On April 6, 2015, they filed a joint stipulation for damages. Respondent denied that the flu vaccination caused petitioner's GBS or any other injury, and denied that petitioner's current disabilities were sequelae of a vaccine-related injury. Nevertheless, the parties agreed to a stipulation awarding compensation. The Special Master approved the stipulation, awarding James D. Saffold a lump sum of $100,000.00 for all damages. Separately, on March 24, 2015, the parties filed a stipulation for attorneys' fees and costs, which the Special Master also approved, awarding $16,378.87.

Theory of causation field:
unclear

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_13-vv-00905-0
Date issued/filed: 2015-04-15
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/25/2015) regarding 29 DECISION Fees Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00905-UNJ Document 38 Filed 04/15/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-905V
Filed: March 25, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
JAMES D SAFFOLD, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation;
v. * Attorneys’ Fees and Costs;
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Diana L. Stadelnikas Sedar, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Linda S. Renzi, United States Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
On November 13, 2013, James D. Saffold (“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 as a result of receiving an influenza (“flu”) vaccine on September 6, 2012, he
developed Guillain Barre Syndrome (“GBS”). Petition ¶¶ 1, 7. On January 14, 2015, the parties
notified the Court that they have reached a tentative agreement and intend to file a joint stipulation
for compensation. See Order, filed Jan. 14, 2015.
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

Case 1:13-vv-00905-UNJ Document 38 Filed 04/15/15 Page 2 of 2
On March 24, 2015, the parties filed a stipulation concerning attorneys’ fees and costs.
Petitioner requests a total award of attorneys’ fees and costs in the amount of $16,378.87.
Stipulation at ¶ 3. Respondent does not object to this amount. Id. In accordance with General Order
#9, petitioner represents that he did not personally incur costs related to this proceeding. Id. at 4.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. § 300
aa-15(e). Based on the reasonableness of petitioner’s motion, the undersigned GRANTS the
request for approval and payment of attorneys’ fees and costs.
Accordingly, an award should be made as follows:
(1) in the form of a check jointly payable to petitioner and to petitioner’s attorney,
Diana L. Stadelnikas Sedar, of Maglio Christopher & Toale, PA, in the amount of
$16,378.87.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the
court SHALL ENTER JUDGMENT in accordance herewith.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_13-vv-00905-1
Date issued/filed: 2015-04-28
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/07/2015) regarding 34 DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00905-UNJ Document 39 Filed 04/28/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-905V
Filed: April 7, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
JAMES D SAFFOLD, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Guillain-Barré Syndrome.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Diana Stadelnikas Sedar, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Linda S. Renzi, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On November 13, 2013, James D. Saffold (“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 as a result of receiving an influenza (“flu”) vaccine on September 6, 2012, he
developed Guillain-Barré Syndrome (“GBS”). Stipulation ¶ 2, 4. Further, petitioner alleged that
he experienced residual effects of his injury for more than six months. Id. at ¶ 4.
On April 6, 2015, the parties filed a stipulation in which they state that a decision should
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

Case 1:13-vv-00905-UNJ Document 39 Filed 04/28/15 Page 2 of 7
be entered awarding compensation. Respondent denies that the flu vaccination caused petitioner’s
GBS or any other injury, and denies that petitioner’s current disabilities are sequelae of a vaccine-
related injury. Id. at ¶ 6. Nevertheless, the parties agree to 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, on the terms set forth therein.
The parties stipulate that petitioner shall receive the following compensation:
A lump sum of $100,000.00, in the form of a check payable to petitioner, James D.
Saffold. This amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a).
Id. at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
The clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of
the parties’ stipulation.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
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

Case 1:13-vv-00905-UNJ Document 39 Filed 04/28/15 Page 3 of 7

Case 1:13-vv-00905-UNJ Document 39 Filed 04/28/15 Page 4 of 7

Case 1:13-vv-00905-UNJ Document 39 Filed 04/28/15 Page 5 of 7

Case 1:13-vv-00905-UNJ Document 39 Filed 04/28/15 Page 6 of 7

Case 1:13-vv-00905-UNJ Document 39 Filed 04/28/15 Page 7 of 7