VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00092
Package ID: USCOURTS-cofc-1_15-vv-00092
Petitioner: Laurie Dart
Filed: 2015-11-17
Decided: 2015-12-11
Vaccine: influenza
Vaccination date: 2013-10-17
Condition: transverse myelitis
Outcome: compensated
Award amount USD: 90000

AI-assisted case summary:
Laurie Dart filed a petition on November 17, 2015, under the National Vaccine Injury Compensation Program alleging that she developed transverse myelitis as a result of receiving an influenza vaccine on October 17, 2013. She further alleged that she experienced residual effects of her injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccination caused petitioner's transverse myelitis or any other injury. Nevertheless, the parties filed a joint stipulation for damages and attorneys' fees and costs. Special Master Thomas L. Gowen adopted the stipulation as the decision of the Court. Laurie Dart was awarded a lump sum of $90,000.00 for all damages. Additionally, a lump sum of $11,500.00 was awarded for attorneys' fees and costs, payable jointly to petitioner and her attorney, Diana Stadelnikas Sedar of Maglio, Christopher & Toale, PA. The parties stipulated to an expedited judgment, waiving the right to seek review. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the medical expert testimony presented.

Theory of causation field:
Petitioner Laurie Dart alleged that she developed transverse myelitis (TM) following an influenza vaccine administered on October 17, 2013. The respondent denied causation. The parties reached a joint stipulation for compensation. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the TM. The award was based on a stipulation, not a finding of causation. Laurie Dart received a lump sum of $90,000.00 for all damages and $11,500.00 for attorneys' fees and costs, payable to petitioner and her counsel, Diana Stadelnikas Sedar. Special Master Thomas L. Gowen issued the decision on December 11, 2015.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00092-0
Date issued/filed: 2015-12-11
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 11/17/2015) regarding 19 DECISION Stipulation/Proffer, (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties. Modified on 12/16/2015 - correction to pdf (jt1).
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Case 1:15-vv-00092-UNJ Document 23 Filed 12/11/15 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-92V
Filed: November 17, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
LAURIE DART, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on Damages and
v. * Attorneys’ Fees and Costs
* Influenza (“Flu”) Vaccine;
SECRETARY OF HEALTH * Transverse Myelitis.
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Diana Stadelnikas Sedar, Maglio, Christopher & Toale, PA, Sarasota, FL, for petitioner.
Adriana R. Teitel, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On January 30, 2015, Laurie Dart (“petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2012). Petitioner alleged
that as a result of receiving an influenza (“flu”) vaccine on October 17, 2013, she developed
transverse myelitis (“TM”). Stipulation for Award at ¶ 2, 4, docket no. 16, filed Nov. 12, 2015.
Further, petitioner alleged that she experienced residual effects of her 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 (2012)). 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 (2012) (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 1:15-vv-00092-UNJ Document 23 Filed 12/11/15 Page 2 of 9
On November 12, 2015, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation. Respondent denies that the flu vaccination caused
petitioner’s TM or any other injury or condition. Id. at ¶ 6. Nevertheless, the parties agree to the
joint stipulation, attached hereto as Appendix A. 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 also stipulate to an award of attorneys’ fees and costs in a joint stipulation filed
on November 16, 2015. The parties agree to a total award of attorneys’ fees and costs in the amount
of $11,500.00. Stipulation for Fees at ¶ 5, docket no. 17, filed Nov. 16, 2015. In accordance with
General Order #9, petitioner represents that she did not personally incur costs related to this
proceeding. Declaration, docket no. 18, filed Nov. 16, 2015. The undersigned finds the stipulation
for fees and costs reasonable and adopts it as the decision of the Court.
The parties stipulate that petitioner shall receive the following compensation:
1) A lump sum of $90,000.00, in the form of a check payable to petitioner, Laurie
Dart. This amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a).
2) A lump sum of $11,500.00, in the form of a check jointly payable to petitioner and
to petitioner’s attorney, Diana Stadelnikas Sedar of Maglio, Christopher & Toale,
PA, pursuant to 42 U.S.C. § 300 aa-15(e), for attorneys’ fees and costs.
Id. at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation and
attorneys’ fees and costs. 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.
2

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Case 1:15-vv-00092-UNJ Document 23 Filed 12/11/15 Page 8 of 9
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF THE SPECIAL MASTERS
LAURIE DART,
Petitioner,
vs. CASE NO. 15-92V
Special Master Gowen
SECRETARY OF HEALTH AND HUMAN
SERVICES,
Respondent.
___________________________________/
STIPULATION OF ATTORNEYS’ FEES AND COSTS
1. Diana L. Stadelnikas-Sedar is counsel for Petitioner in this case.
2. Petitioner submitted a draft Application for Attorneys’ Fees and Costs to
Respondent’s counsel.
3. During informal discussions, Respondent raised objections to certain items in
Petitioner’s draft application. Based on these discussions, Petitioners amended the
Application for Attorneys’ Fees and Costs to request reimbursement in the amount of
$11,500.00. Respondent does not object.
4. Pursuant to General Order #9, Petitioner has not incurred any costs in pursuit of the
claim.
5. The parties now request that a decision awarding the final attorneys’ fees and costs in
the amount of $11,500.00, payable to Petitioner and Petitioner’s counsel, Diana L.
Stadelnikas-Sedar be issued.
6. Petitioner requests that the award for attorney’s fees and costs be forwarded to
Maglio Christopher & Toale, PA, 1605 Main Street, Suite 710, Sarasota Florida
34236.
7. Nothing in this Stipulation, including the amount set forth in paragraph 3, should be
construed as an admission, concession, or waiver by either party as to any of the

Case 1:15-vv-00092-UNJ Document 23 Filed 12/11/15 Page 9 of 9
matters raised by Petitioner’s Application for Fees and Costs, including but not
limited to the hourly rates requested.
Respectfully submitted:
ATTORNEY FOR PETITIONER ATTORNEY FOR RESPONDENT
/s/ Diana L. Stadelnikas Sedar, Esq. /s/Adriana Ruth Teitel, Esq.
Diana L. Stadelnikas Sedar, Esq. Adriana Ruth Teitel, Esq.
Florida Bar Number 0949061 Trial Attorney
MAGLIO CHRISTOPHER & TOALE, PA Torts Branch, Civil Division
1605 Main Street, Suite 710 U.S. Department of Justice
Sarasota, FL 34236 Post Office Box 146
888-952-5242 Benjamin Franklin Station
fax: 877-952-5042 Washington, D.C. 20044-0146
Attorney for the Petitioner Attorney for the Respondent
Dated: November 16, 2015