VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00857
Package ID: USCOURTS-cofc-1_14-vv-00857
Petitioner: Dennis Parker
Filed: 2015-10-30
Decided: 2016-09-23
Vaccine: influenza
Vaccination date: 2012-11-28
Condition: Guillain-Barre Syndrome
Outcome: compensated
Award amount USD: 217250

AI-assisted case summary:
Dennis Parker filed a petition for compensation under the National Vaccine Injury Compensation Program on September 16, 2014, alleging that he suffered Guillain-Barre Syndrome (GBS) due to an influenza vaccination he received on November 28, 2012. He further alleged that he experienced residual effects from the injury for more than six months, had brought no prior action for this injury, and had received no prior award or settlement for it. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's alleged GBS and residual effects, or any other injury or current condition. Despite the respondent's denial, the parties filed a joint stipulation on October 30, 2015, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Petitioner was awarded a lump sum of $200,000.00, payable to him, as compensation for all items of damages. Separately, on October 30, 2015, the parties filed a stipulation concerning attorneys' fees and costs. The Chief Special Master granted the request for approval and payment of attorneys' fees and costs, awarding a total of $17,250.00 as a lump sum, jointly payable to the petitioner and his counsel, Diana L. Stadelnikas, Esq. The total compensation awarded was $217,250.00. Petitioner was represented by Diana Stadelnikas Sedar of Maglio Christopher and Toale, PA, and the respondent was represented by Adriana Teitel of the U.S. Department of Justice.

Theory of causation field:
Petitioner Dennis Parker alleged that he suffered Guillain-Barre Syndrome (GBS) due to an influenza vaccination received on November 28, 2012. The respondent denied that the flu vaccine caused the alleged GBS or any other injury. The parties filed a joint stipulation agreeing to an award of compensation. The public decision does not describe the specific medical or scientific theory of causation, the onset of symptoms, diagnostic tests, treatments, or any expert witnesses. The Special Master adopted the parties' stipulation, awarding a lump sum of $200,000.00 for all damages. Attorneys' fees and costs of $17,250.00 were awarded jointly to the petitioner and his counsel, Diana Stadelnikas Sedar. The total award was $217,250.00. The decision was issued by Chief Special Master Nora Beth Dorsey on September 23, 2016, based on a stipulation filed October 30, 2015. Petitioner was represented by Diana Stadelnikas Sedar, and respondent by Adriana Teitel.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_14-vv-00857-0
Date issued/filed: 2016-09-23
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/30/2015) regarding 28 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00857-UNJ Document 35 Filed 09/23/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-857V
Filed: October 30, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
DENNIS PARKER, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza (“Flu”) Vaccination;
* Guillain-Barre Syndrome (“GBS”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Diana Stadelnikas Sedar, Maglio Christopher and Toale, PA, Sarasota, FL, for
petitioner.
Adriana Teitel, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On September 16, 2014, petitioner filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the
“Vaccine Act”]. Petitioner alleges that he suffered Guillain-Barre Syndrome [“GBS”]
due to the influenza [“flu”] vaccination he received on November 28, 2012. Petition, ¶¶
1, 12-13; Stipulation, filed October 30, 2015, ¶¶ 2, 4. Petitioner further alleges that he
experienced the residual effects of this injury for more than six months, has brought no
prior action for this injury, and that he has received no prior award or settlement for this
injury. Petition, ¶¶ 14, 17-18; Stipulation, ¶¶ 4-5. “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. ” Stipulation, ¶ 6.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post it 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 redact medical or other information, the disclosure of which would constitute an
unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits
within this definition, the undersigned will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:14-vv-00857-UNJ Document 35 Filed 09/23/16 Page 2 of 7
Nevertheless, on October 30, 2015, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. 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 stipulated that petitioner shall receive the following compensation:
A lump sum of $200,000.00 in the form of a check payable to petitioner.
Stipulation, ¶ 8. This amount represents compensation for all items of damages
that would be available under 42 U.S.C. § 300aa-15(a). Id.
The undersigned approves the requested amount for petitioner’s compensation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

CCaassee 11::1144--vvvv--0000885577--UUNNJJ DDooccuummeenntt 2355 FFiilleedd 1009//3203//1156 PPaaggee 13 ooff 57

CCaassee 11::1144--vvvv--0000885577--UUNNJJ DDooccuummeenntt 2355 FFiilleedd 1009//3203//1156 PPaaggee 24 ooff 57

CCaassee 11::1144--vvvv--0000885577--UUNNJJ DDooccuummeenntt 2355 FFiilleedd 1009//3203//1156 PPaaggee 35 ooff 57

CCaassee 11::1144--vvvv--0000885577--UUNNJJ DDooccuummeenntt 2355 FFiilleedd 1009//3203//1156 PPaaggee 46 ooff 57

CCaassee 11::1144--vvvv--0000885577--UUNNJJ DDooccuummeenntt 2355 FFiilleedd 1009//3203//1156 PPaaggee 57 ooff 57

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_14-vv-00857-1
Date issued/filed: 2016-09-23
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/30/2015) regarding 29 DECISION Fees Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00857-UNJ Document 36 Filed 09/23/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-857V
Filed: October 30, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
DENNIS PARKER, *
*
Petitioner, *
v. *
* Attorneys’ Fees and Costs; Stipulation
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Diana Stadelnikas Sedar, Maglio Christopher and Toale, PA, Sarasota, FL, for
petitioner.
Adriana Teitel, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
Dorsey, Chief Special Master:
On September 16, 2014, petitioner filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the
“Vaccine Act”]. Petitioner alleged that he suffered Guillain-Barre Syndrome (“GBS”)
due to the influenza [“flu”] vaccination he received on November 28, 2012. Petition, ¶¶
1, 12-13; On October 30, 2015, the undersigned issued a decision awarding
compensation to petitioner based on the parties’ Stipulation.
On October 30, 2015, the parties filed a Stipulation of Fact Concerning Attorneys’
Fees and Costs. According to the stipulation, the parties stipulate to an award of
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post it 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 redact medical or other information, the disclosure of which would constitute an
unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits
within this definition, the undersigned will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:14-vv-00857-UNJ Document 36 Filed 09/23/16 Page 2 of 2
$17,250.00. In accordance with General Order #9, petitioner’s counsel represents that
petitioner incurred no out-of-pocket expenses.
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 request and the
lack of any objection by respondent, the undersigned GRANTS the request for approval
and payment of attorneys’ fees and costs.
Accordingly, the undersigned awards the total of $17,250.003 as a lump
sum in the form of a check jointly payable to petitioner and petitioner’s counsel
Diana L. Stadelnikas, Esq.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all
charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered.
Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including
costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS, 924
F.2d 1029 (Fed. Cir.1991).
4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2