VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00540
Package ID: USCOURTS-cofc-1_14-vv-00540
Petitioner: Torren Grace
Filed: 2014-06-24
Decided: 2015-07-22
Vaccine: influenza
Vaccination date: 2012-10-17
Condition: Guillain-Barré Syndrome (“GBS”)
Outcome: compensated
Award amount USD: 100000

AI-assisted case summary:
Torren Grace filed a petition on June 24, 2014, alleging that the influenza vaccine he received on October 17, 2012, caused him to develop Guillain-Barré Syndrome (GBS) and that he experienced residual effects lasting more than six months. The respondent denied that the flu vaccine caused Mr. Grace's GBS or any other injury. The parties reached a joint stipulation regarding compensation, which Special Master Christian J. Moran adopted. Under this stipulation, Mr. Grace was awarded a lump sum of $85,000.00 for all damages. Subsequently, on June 9, 2015, the parties filed a stipulation concerning attorneys' fees and costs. Petitioner's counsel, Diana L. Stadelnikas Sedar of Maglio, Christopher & Toale, PA, initially submitted an application for fees and costs, to which the respondent raised objections. Following discussions, the petitioner amended the application to request $15,000.00, an amount to which the respondent did not object. Special Master Christian J. Moran awarded this amount, payable to both the petitioner and his attorney. The total compensation awarded to Mr. Grace was $100,000.00 ($85,000.00 for damages and $15,000.00 for attorneys' fees and costs). The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation.

Theory of causation field:
Petitioner Torren Grace alleged that the influenza vaccine received on October 17, 2012, caused Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months. The respondent denied causation. The case proceeded via stipulation, and the Special Master adopted the parties' agreement. The public text indicates the influenza vaccine is on the Vaccine Injury Table, suggesting a potential "Table" theory, but does not detail specific medical evidence, expert testimony, or a precise mechanism of injury. The outcome was a compensated award totaling $100,000.00 ($85,000.00 for damages and $15,000.00 for attorneys' fees and costs), based on a joint stipulation approved by Special Master Christian J. Moran on May 15, 2015 (decision on damages) and July 22, 2015 (decision on fees and costs). Petitioner's counsel was Diana L. Stadelnikas Sedar, and respondent's counsel was Jennifer Reynaud.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00540-0
Date issued/filed: 2015-06-11
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/15/2014) regarding 25 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:14-vv-00540-UNJ Document 29 Filed 06/11/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
TORREN GRACE, * No. 14-540V
*
Petitioner, * Special Master Moran
*
v. * Filed: May 15, 2015
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine;
AND HUMAN SERVICES, * Guillain-Barré Syndrome (“GBS”).
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Diana Stadelnikas Sedar, Maglio, Christopher and Toale, P.A., Sarasota, FL, for
Petitioner;
Jennifer Reynaud, United States Dep’t of Justice, Washington, DC, for
Respondent.
UNPUBLISHED DECISION1
On May 14, 2015, respondent filed a joint stipulation concerning the petition
for compensation filed by Torren Grace on June 24, 2014. In his petition, Mr.
Grace 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 he received on October
17, 2012, alleges that he sustained a vaccine-related injury diagnosed as Guillain-
Barré Syndrome (“GBS”) that was caused-in-fact by the flu vaccine. Petitioner
further alleges that he experienced the residual effects of his injury 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 his condition.
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 1:14-vv-00540-UNJ Document 29 Filed 06/11/15 Page 2 of 7
Respondent denies that petitioner’s alleged GBS and residual effects were
caused-in-fact by the flu vaccine. Respondent further denies that the flu vaccine
caused petitioner any other injury or his current condition.
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 $85,000.00 in the form of a check payable to petitioner,
Torren Grace. 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 14-540V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6360.
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

CCaassee 11::1144--vvvv--0000554400--UUNNJJ DDooccuummeenntt 2249 FFiilleedd 0056//1141//1155 PPaaggee 13 ooff 57

CCaassee 11::1144--vvvv--0000554400--UUNNJJ DDooccuummeenntt 2249 FFiilleedd 0056//1141//1155 PPaaggee 24 ooff 57

CCaassee 11::1144--vvvv--0000554400--UUNNJJ DDooccuummeenntt 2249 FFiilleedd 0056//1141//1155 PPaaggee 35 ooff 57

CCaassee 11::1144--vvvv--0000554400--UUNNJJ DDooccuummeenntt 2249 FFiilleedd 0056//1141//1155 PPaaggee 46 ooff 57

CCaassee 11::1144--vvvv--0000554400--UUNNJJ DDooccuummeenntt 2249 FFiilleedd 0056//1141//1155 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00540-1
Date issued/filed: 2015-07-22
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 06/26/2015) regarding 32 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:14-vv-00540-UNJ Document 35 Filed 07/22/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
TORREN GRACE, *
* No. 14-540V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: June 26, 2015
*
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, PA, Sarasota, FL, for
Petitioner;
Jennifer L. Reynaud, United States Dep’t of Justice, Washington, DC, for
Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On June 9, 2015, respondent filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Previously, petitioner
informally 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 $15,000.00, an amount to which respondent does not object.
The Court awards this amount.
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 ruling 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 1:14-vv-00540-UNJ Document 35 Filed 07/22/15 Page 2 of 2
On June 24, 2014, Torren Grace filed a petition for compensation alleging
that the influenza (“flu”) vaccine, which he received on October 17, 2012, caused
him to sustain a vaccine-related injury diagnosed as Guillain-Barré Syndrome
(“GBS”). Petitioner received compensation based upon the parties’
stipulation. Decision, filed May 15, 2015. Because petitioner received
compensation, he is entitled to an award of attorneys’ fees and costs. 42 U.S.C. §
300aa-15(e).
Petitioner seeks a total of $15,000.00 in attorneys’ fees and costs. In
compliance with General Order No. 9, petitioner has 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 $15,000.00 in the form of a check made payable to
petitioner and petitioner’s attorney, Diana L. Stadelnikas Sedar,
Esq., of the law firm Maglio, Christopher, & Toale, PA, 1605
Main Street, Suite 710, Sarasota, Florida 34236, for attorney’s
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, Christina Gervasi, at (202)
357-6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
2