VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00755
Package ID: USCOURTS-cofc-1_14-vv-00755
Petitioner: Daniel Werner
Filed: 2014-08-20
Decided: 2015-08-24
Vaccine: influenza
Vaccination date: 2012-10-22
Condition: Brachial Neuritis
Outcome: compensated
Award amount USD: 33000

AI-assisted case summary:
Daniel Werner filed a petition on August 20, 2014, alleging that an influenza vaccine administered on October 22, 2012, caused him to develop Brachial Neuritis. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Petitioner's condition. However, the parties reached a joint stipulation for damages. Special Master Lisa Hamilton-Fieldman adopted this stipulation as the court's decision, awarding Daniel Werner a lump sum of $33,000.00 for all damages. Subsequently, on September 15, 2015, the parties filed a stipulation for attorneys' fees and costs. The court awarded $10,882.17 in attorneys' fees and costs, payable jointly to Petitioner and his counsel, Diana S. Sedar of Maglio Christopher & Toale, PA. The case was resolved through these stipulations, with judgment entered in accordance with the parties' agreements. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation.

Theory of causation field:
Petitioner Daniel Werner alleged that an influenza vaccine administered on October 22, 2012, caused him to develop Brachial Neuritis. The respondent denied causation. The parties reached a joint stipulation for damages, and the Special Master adopted this stipulation. The award included a lump sum of $33,000.00 for all damages. Attorneys' fees and costs in the amount of $10,882.17 were awarded jointly to Petitioner and his counsel, Diana S. Sedar. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00755-0
Date issued/filed: 2015-08-24
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/03/2015) regarding 26 DECISION Stipulation. Signed by Special Master Lisa Hamilton-Fieldman. (jb) Copy to parties.
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Case 1:14-vv-00755-UNJ Document 30 Filed 08/24/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-755V
Filed: August 3, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
DANIEL WERNER, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“flu”) vaccine; Brachial
* Neuritis.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Diana S. Sedar, Maglio Christopher and Toale, PA, Sarasota, FL, for Petitioner.
Julia McInerny, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On August 20, 2014, Daniel Werner (“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 an influenza (“flu”) vaccination administered on October 22, 2012 caused
him to develop Brachial Neuritis. Petition (“Pet.”) at 1-3.
On August 3, 2015, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation. Respondent denies that the flu vaccine caused
Petitioner’s condition or any other injury. However, the parties agree to the joint stipulation,
attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as
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 1:14-vv-00755-UNJ Document 30 Filed 08/24/15 Page 2 of 7
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 $33,000.00 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.
The undersigned approves the requested amount for Petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
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/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
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

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00755-1
Date issued/filed: 2015-10-06
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/15/15) regarding 33 DECISION Fees Stipulation. Signed by Special Master Lisa Hamilton-Fieldman. (jb) Copy to parties.
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Case 1:14-vv-00755-UNJ Document 36 Filed 10/06/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-755V
Filed: September 15, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED
DANIEL WERNER, *
* Special Master Hamilton-Fieldman
Petitioner, *
v. * Attorneys’ Fees and Costs; Reasonable
* Amount Requested to which Respondent
SECRETARY OF HEALTH * Does Not Object.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Diana S. Sedar, Maglio, Christopher, and Toale, PA, Sarasota, FL, for Petitioner.
Julia W. McInerny, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On August 20, 2014, Daniel Werner (“Petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 et seq. (2006)
(“Vaccine Act”). Petitioner alleged that the administration of an influenza (“flu”) vaccine on
October 22, 2012, caused him to suffer from Brachial Neuritis. Petition (“Pet.”) at 1-3. On
August 3, 2015, the undersigned filed a decision awarding compensation to Petitioner. Decision,
ECF No. 26.
On September 15, 2015, Petitioner filed a “Stipulation of Attorneys’ Fees and Costs”.
Pursuant to their Stipulation, the parties have agreed to an award of $10,882.17 in attorneys’ fees
and costs. Petitioner’s counsel represents that Petitioner has not incurred any costs in pursuit of
his claim. Declaration, ECF No. 32.
The undersigned finds that this petition was brought in good faith and that there existed a
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, the undersigned hereby awards the amount of $10,882.17, in the
1 The undersigned intends to post this unpublished 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 Vaccine Rule 18(b), each
party has 14 days within which to file a motion for redaction “of any information furnished by that party
(1) that is trade secret or commercial or financial information and is privileged or confidential, or (2) that
are medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion
of privacy.” In the absence of such motion, the entire decision will be available to the public. Id.
1

Case 1:14-vv-00755-UNJ Document 36 Filed 10/06/15 Page 2 of 2
form of a check made payable jointly to Petitioner and Petitioner’s counsel, Diana L.
Stadelnikas Sedar of Maglio Christopher & Toale, PA, 1605 Main Street, Suite 710,
Sarasota, Florida, 34236.
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.2
IT IS SO ORDERED.
/s/ Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
2 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