VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00099
Package ID: USCOURTS-cofc-1_14-vv-00099
Petitioner: Suzanne Hackett
Filed: 2015-04-06
Decided: 2015-06-10
Vaccine: Tdap
Vaccination date: 2012-07-23
Condition: Guillain-Barre syndrome [GBS]
Outcome: compensated
Award amount USD: 120750

AI-assisted case summary:
Suzanne Hackett filed a petition on April 6, 2015, alleging that she suffered from Guillain-Barre syndrome (GBS) as a result of receiving a Tdap vaccine on July 23, 2012, and that she experienced residual effects of this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused her alleged injuries or any other injury or her current condition. Despite the respondent's denial, the parties reached a joint stipulation for compensation. On April 28, 2015, Special Master Thomas L. Gowen issued a decision approving the stipulation, awarding Suzanne Hackett a lump sum of $105,000.00, payable to her, as compensation for all damages. This award was entered in accordance with the terms of the parties' stipulation. Subsequently, on May 20, 2015, the parties filed a stipulation concerning attorneys' fees and costs. On June 10, 2015, Special Master Gowen issued a decision on attorneys' fees and costs, awarding a lump sum of $15,750.00, payable jointly to Ms. Hackett and her attorney, Diana L. Stadelnikas Sedar, Esq. This award was for petitioner's attorneys' fees and costs, and was deemed appropriate because the petition was brought in good faith and had a reasonable basis. The total compensation awarded to Suzanne Hackett was $120,750.00. Petitioner was represented by Diana Stadelnikas Sedar, Esq. of Maglio, Christopher and Toale, Pa. Respondent was represented by Alexis Babcock, Esq., of the U.S. Department of Justice.

Theory of causation field:
Petitioner Suzanne Hackett alleged that she suffered from Guillain-Barre syndrome (GBS) as a result of receiving a Tdap vaccine on July 23, 2012, and experienced residual effects for more than six months. The respondent denied causation. The parties entered into a joint stipulation for compensation, with the respondent denying that the vaccine caused the alleged injuries. The Special Master adopted the stipulation, awarding $105,000.00 for all damages. The theory of causation was "Off-Table." Attorneys for the petitioner were Diana Stadelnikas Sedar, Esq., and for the respondent was Alexis Babcock, Esq. Special Master Thomas L. Gowen issued the decision on April 28, 2015. Subsequently, attorneys' fees and costs totaling $15,750.00 were awarded on June 10, 2015, payable jointly to the petitioner and her attorney.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00099-0
Date issued/filed: 2015-04-28
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/06/2015) regarding 26 DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:14-vv-00099-UNJ Document 30 Filed 04/28/15 Page 1 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 14-99V
Filed: April 6, 2015
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * *
SUZANNE HACKETT, *
*
Petitioner, *
v. *
Stipulation; Tdap; GBS
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Diana Stadelnikas Sedar, Esq., Maglio, Christopher and Toale, Pa (FL) for petitioner.
Alexis Babcock, Esq., U.S. Dep’t. of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Gowen, Special Master:
On February 14, 2014, Suzanne Hackett (“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 a tetanus-diphtheria-acellular
pertussis [Tdap] vaccine on July 23, 2012, she suffered from Guillain-Barre syndrome
[GBS]. Stipulation ¶ 2, 4, filed Apr. 6, 2015. Further, petitioner alleged that she
experienced residual effects of this injury for more than six months. Id. at ¶ 4.
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.

Case 1:14-vv-00099-UNJ Document 30 Filed 04/28/15 Page 2 of 7
On April 6, 2015, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation. Respondent denies that petitioner’s alleged
injuries were caused-in-fact by her Tdap vaccination, and denies that the vaccine caused
any other injury or her current condition. Id. at ¶ 6. Nevertheless, the parties agree to
the joint stipulation, attached hereto. 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) A lump sum of $105,000.00 in the form of a check payable to
petitioner, Suzanne Hackett. This amount represents compensation
for all damages that would be available under § 300aa-15(a).
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, 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.

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Case 1:14-vv-00099-UNJ Document 30 Filed 04/28/15 Page 5 of 7

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Case 1:14-vv-00099-UNJ Document 30 Filed 04/28/15 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00099-1
Date issued/filed: 2015-06-10
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/20/2015) regarding 32 DECISION Fees Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:14-vv-00099-UNJ Document 35 Filed 06/10/15 Page 1 of 2
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 14-99V
Filed: May 20, 2015
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * *
SUZANNE HACKETT, *
*
Petitioner, *
v. * Attorneys’ Fees and Costs; Stipulation
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Diana Stadelnikas Sedar, Esq., Maglio, Christopher and Toale, Pa (FL) for petitioner.
Alexis Babcock, Esq., U.S. Dep’t. of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Gowen, Special Master:
In this case under the National Vaccine Injury Compensation Program,2 I issued
a Decision on April 6, 2015, awarding compensation pursuant to the parties’ stipulation
filed that same day. On May 20, 2015, the parties filed a Stipulation of Fact concerning
attorneys’ fees and costs. Pursuant to General Order #9, petitioner’s counsel also
represented that petitioner incurred no out-of-pocket expenses in this matter.
The parties’ stipulation indicates that respondent does not object to the amended
amount of $15,750.00 that petitioner is requesting for attorneys’ fees and costs.
I find that this petition was brought in good faith and that there existed a
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to 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)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and
move to delete medical or other information, the disclosure of which would constitute an unwarranted
invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will
delete such material from public access.
2 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq.
(2006).

Case 1:14-vv-00099-UNJ Document 35 Filed 06/10/15 Page 2 of 2
reasonable basis for the claim. Therefore, an award for fees and costs is appropriate,
pursuant to 42 U.S.C. §§ 300aa-15(b) and (e)(1). Further, the proposed amount seems
reasonable and appropriate. Accordingly, I hereby award:
 a lump sum of $15,750.00 in the form of a check payable jointly to
petitioner and petitioner’s attorney, Diana L. Stadelnikas Sedar, Esq.,
for petitioner’s attorneys’ fees and costs.
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 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review.
See Vaccine Rule 11(a).