VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00486
Package ID: USCOURTS-cofc-1_14-vv-00486
Petitioner: George Cawthon
Filed: 2015-03-27
Decided: 2015-07-28
Vaccine: DTaP
Vaccination date: 
Condition: brachial plexus neuritis
Outcome: compensated
Award amount USD: 35000

AI-assisted case summary:
George Cawthon filed a petition on March 27, 2015, seeking compensation under the National Vaccine Injury Program. He alleged that he suffered brachial plexus neuritis as a result of receiving the DTaP vaccine. The respondent denied that the vaccine caused the injury. However, both parties agreed to settle the case through a stipulation filed on February 19, 2015. The court reviewed the stipulation and found it to be reasonable. As a result, the court awarded George Cawthon a lump sum of $35,000.00 as compensation for all damages. Subsequently, on May 14, 2015, the parties filed another stipulation regarding attorney's fees and costs. Petitioner requested reimbursement of $8,531.02 for attorney's fees and costs, which the respondent did not object to. The court approved this amount, ordering it to be paid jointly to Petitioner and his counsel. The total compensation awarded in this case, including damages and attorney's fees, was $43,531.02.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00486-0
Date issued/filed: 2015-03-27
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 02/20/2015) regarding 18 DECISION Stipulation/Proffer Signed by Special Master Brian H. Corcoran. (ay) Copy to parties.
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Case 1:14-vv-00486-UNJ Document 21 Filed 03/27/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-486V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
GEORGE CAWTHON, *
*
Petitioner, * Filed: February 20, 2015
*
v. * Decision by Stipulation; Damages;
* Diphtheria-tetanus-acellular pertussis
* (“DTaP”) Vaccine;
* Brachial Plexus Neuritis
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Diana Stadelnikas Sedar, Maglio Christopher and Toale, PA, Sarasota, FL, for Petitioner.
Lara Ann Englund, U.S. Dep’t of Justice, Washington, DC, for Respondent
DECISION AWARDING DAMAGES1
On June 5, 2014, George Cawthon filed a petition seeking compensation under the
National Vaccine Injury Compensation Program, (“the Vaccine Program”).2 Petitioner alleges
that he suffered brachial plexus neuritis and related complications as a result of receiving the
diphtheria-tetanus-acellular pertussis (“DTaP”) 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 1:14-vv-00486-UNJ Document 21 Filed 03/27/15 Page 2 of 7
Respondent denies that Petitioner’s brachial plexus neuritis and any related medical
problems were caused by the receipt of the DTaP vaccine. Nonetheless both parties, while
maintaining their above-stated positions, agreed in a stipulation filed February 19, 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 lump sum of $35,000.00, 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).
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

Case 1:14-vv-00486-UNJ Document 21 Filed 03/27/15 Page 3 of 7

Case 1:14-vv-00486-UNJ Document 21 Filed 03/27/15 Page 4 of 7

Case 1:14-vv-00486-UNJ Document 21 Filed 03/27/15 Page 5 of 7

Case 1:14-vv-00486-UNJ Document 21 Filed 03/27/15 Page 6 of 7

Case 1:14-vv-00486-UNJ Document 21 Filed 03/27/15 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00486-1
Date issued/filed: 2015-07-28
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/20/2015) Regarding 24 DECISION Fees Stipulation Signed by Special Master Brian H. Corcoran. (ay) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00486-UNJ Document 27 Filed 07/28/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-486V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
GEORGE CAWTHON, *
*
Petitioner, * Filed: May 20, 2015
*
v. * Decision by Stipulation; Attorney’s
* Fees and Costs
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Diana Stadelnikas Sedar, Maglio Christopher and Toale, PA, Sarasota, FL, for Petitioner.
Lara Ann Englund, U.S. Dep’t of Justice, Washington, DC, for Respondent
ATTORNEY’S FEES AND COSTS DECISION1
On June 5, 2014, George Cawthon filed a petition seeking compensation under the National
Vaccine Injury Compensation Program.2 Thereafter, on February 19, 2015, the parties filed a
stipulation settling the case and detailing the amount to be awarded to Petitioner. ECF No. 17. I
subsequently issued a decision finding the parties’ stipulation to be reasonable and granting
Petitioner an award as outlined in the stipulation. Decision Awarding Damages, dated Feb. 20,
2015 (ECF No. 18).
1 Because this decision contains a reasoned explanation for my action in this case, it will be posted 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 42 U.S.C. §
300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To
do so, Vaccine Rule 18(b) provides that each party has fourteen (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 decision will be available to the public. Id.
2 The National Vaccine Injury Compensation Program comprises Part 2 of the National Childhood Vaccine Injury Act
of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. § 300aa-10 through 34 (2006))
[hereinafter “Vaccine Act” or “the Act”]. Individual sections references hereafter will be to § 300aa of the Act.

Case 1:14-vv-00486-UNJ Document 27 Filed 07/28/15 Page 2 of 2
On May 14, 2015, the parties filed another stipulation, this time regarding attorney’s fees
and costs. ECF No. 23. Petitioner requests reimbursement of attorney’s fees and costs in the
amount of $8,531.02. Id. These amounts represent sums to which Respondent does not object. Id.
In addition, and in compliance with General Order No. 9, Petitioner’s counsel represents that
Petitioner has not personally incurred any expenses in litigating this case. Id.
I approve the requested amount for attorney’s fees and costs as reasonable. Accordingly,
an award of $8,531.02 should be made in the form of a check payable jointly to Petitioner and
Petitioner’s counsel, Diana L. Stadelnikas Sedar, Esq. Payment of this amounts represents all
attorney’s fees and costs available under 42 U.S.C. § 300aa-15(e). 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/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately)
a notice renouncing their right to seek review.
2