VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00220
Package ID: USCOURTS-cofc-1_15-vv-00220
Petitioner: Dorothy Keegan
Filed: 2015-03-04
Decided: 2016-09-22
Vaccine: Tdap
Vaccination date: 2013-10-11
Condition: shoulder injury
Outcome: compensated
Award amount USD: 42000

AI-assisted case summary:
Dorothy Keegan filed a petition for compensation under the National Vaccine Injury Compensation Program on March 4, 2015, alleging she suffered a shoulder injury resulting from a tetanus-diphtheria-acellular pertussis (Tdap) vaccine received on October 11, 2013. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the injury. However, the parties reached a stipulation to settle the case. On August 27, 2015, they filed a joint stipulation agreeing to award Dorothy Keegan $42,000.00 as compensation for all damages. This amount was to be paid as a lump sum. A separate decision on October 20, 2015, issued by Chief Special Master Nora Beth Dorsey, awarded $14,324.20 for attorney's fees and costs, to be paid as a lump sum check jointly payable to petitioner and her counsel, Diana Stadelnikas Sedar. The injury, shoulder injury related to vaccine administration (SIRVA), is listed on the Vaccine Injury Table. The decision adopting the joint stipulation on damages was issued by Chief Special Master Denise K. Vowell on September 22, 2016. The public decision does not describe the onset of symptoms, specific clinical details of the injury, diagnostic tests, or treatments. Petitioner was represented by Diana Stadelnikas Sedar of Maglio Christopher & Toale, PA, and respondent was represented by Christine Becer of the US Department of Justice.

Theory of causation field:
Petitioner Dorothy Keegan received a Tdap vaccine on October 11, 2013, and alleged a resulting shoulder injury. The respondent denied causation. The parties reached a stipulation to settle the case, acknowledging that the Tdap vaccine is on the Vaccine Injury Table and that the alleged injury is Shoulder Injury Related to Vaccine Administration (SIRVA). The stipulation does not detail the specific mechanism of injury or present expert testimony. Petitioner was awarded $42,000.00 as a lump sum for all damages, and $14,324.20 for attorney's fees and costs. The decision adopting the stipulation was issued by Chief Special Master Denise K. Vowell on September 22, 2016, and the decision on attorney fees was issued by Chief Special Master Nora Beth Dorsey on October 20, 2015. Petitioner's counsel was Diana Stadelnikas Sedar, and respondent's counsel was Christine Becer.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00220-0
Date issued/filed: 2015-10-20
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/18/2015) regarding 25 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00220-UNJ Document 29 Filed 10/20/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-220V
Filed: September 18, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
DOROTHY KEEGAN, *
*
Petitioner, *
v. *
* Attorney Fees and Costs; Stipulation
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Diana Stadelnikas Sedar, Esq., Maglio Christopher & Toale, PA, Sarasota, FL, for
petitioner.
Christine Becer, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Dorsey, Chief Special Master:
On March 4, 2015, Dorothy Keegan filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the
“Vaccine Act” or “Program”]. Petitioner alleges that she suffered a shoulder injury
resulting from the tetanus-diphtheria-acellular pertussis [“Tdap”] vaccine she received
on October 11, 2013. Petition, ¶¶ 1, 9, 11. On August 27, 2015, a decision was issued
awarding compensation to petitioner based on the parties’ stipulation.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to 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)). In accordance with Vaccine Rule 18(b), petitioners have 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, I agree that the identified material fits within this definition, I 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 (2006).

Case 1:15-vv-00220-UNJ Document 29 Filed 10/20/15 Page 2 of 2
On September 18, 2015, the parties filed a Stipulation of Facts Regarding Final
Attorneys’ Fees and Costs. According to the stipulation, the parties agree upon an
award of $14,324.20 for attorney’s fees and costs. In accordance with General Order
#9, petitioner’s counsel represents that petitioner incurred no out-of-pocket expenses in
this case. Stipulation, ¶ 4.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42
U.S.C. § 300 aa-15(e). The proposed amount is reasonable.
Accordingly, I award the total of $14,324.203 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel Diana Stadelnikas
Sedar.
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).
2

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00220-1
Date issued/filed: 2016-09-22
Pages: 7
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/27/2015) regarding 18 DECISION Stipulation/Proffer ( Signed by Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:15-vv-00220-UNJ Document 30 Filed 09/22/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-220V
Filed: August 27, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
DOROTHY KEEGAN, *
*
Petitioner, * Joint Stipulation on Damages;
* Tetanus-Diphtheria-acellular Pertussis
* (Tdap) Vaccine; Shoulder Injury Related
SECRETARY OF HEALTH * to Vaccine Administration (SIRVA);
AND HUMAN SERVICES, * Special Processing Unit
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Diana Stadelnikas Sedar, Esq., Maglio Christopher & Toale, PA, Sarasota, FL, for
petitioner.
Christine Becer, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Vowell, Chief Special Master:
On March 4, 2015, Dorothy Keegan filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the
“Vaccine Act” or “Program”]. Petitioner alleges that she suffered a shoulder injury
resulting from the tetanus-diphtheria-acellular pertussis [“Tdap”] vaccine she received
on October 11, 2013. Petition, ¶¶ 1, 9, 11; see also Stipulation, filed Aug. 27, 2015, ¶¶
2, 4. Petitioner further alleges that she experienced the residual effects of her injury for
more than six months and continues to suffer from shoulder pain. Petition, ¶¶ 9, 12.
“Respondent denies that the Tdap vaccine caused petitioner to suffer a shoulder injury
or any other injury.” Stipulation, ¶ 6.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
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, I agree that the identified material fits within this definition, I 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 (2006).

Case 1:15-vv-00220-UNJ Document 30 Filed 09/22/16 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On
August 27, 2015, the parties filed a joint stipulation agreeing to settle this case and
describing the settlement terms.
Respondent agrees to pay petitioner a lump sum of $42,000.00 in the form of a
check payable to petitioner. Stipulation, ¶ 8. This amount represents compensation for
all damages that would be available under 42 U.S.C. § 300aa-15(a). Id.
I adopt the parties’ stipulation attached hereto, and award compensation in the
amount and on the terms set forth therein. 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
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each filing a notice renouncing
the right to seek review by a United States Court of Federal Claims judge.
2

Case 1:15-vv-00220-UNJ Document 30 Filed 09/22/16 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
DOROTHY KEEGAN, )
)
)
Petitioner, )
) No. 15-220V
v. ) Chief Special Master Vowell
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
STIPULATION
The parties hereby stipulate to the following matters:
1. Dorothy Keegan, petitioner, filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (the “Vaccine
Program”). The petition seeks compensation for injuries allegedly related to petitioner’s receipt
of a tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccine, which vaccine is contained in
the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3 (a).
2. Petitioner received her Tdap immunization on October 11, 2013.
3. The vaccination was administered within the United States.
4. Petitioner alleges that she suffered a shoulder injury as a result of receiving the Tdap
vaccine.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on her behalf as a result of her condition.
6. Respondent denies that the Tdap vaccine caused petitioner to suffer a shoulder injury
or any other injury.

Case 1:15-vv-00220-UNJ Document 30 Filed 09/22/16 Page 4 of 7
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(1), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $42,000.00 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).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-21(a)(1), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys’ fees and costs incurred in proceeding
upon this petition.
10. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded
pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-
15(i), subject to the availability of sufficient statutory funds.
2

Case 1:15-vv-00220-UNJ Document 30 Filed 09/22/16 Page 5 of 7
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys’ fees and litigation costs, and past unreimbursed expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity, and on behalf of her heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting
from, or alleged to have resulted from, the Tdap vaccination administered on October 11, 2013,
as alleged by petitioner in a petition for vaccine compensation filed on or about March 4, 2015,
in the United States Court of Federal Claims as petition No. 15-220V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties’
settlement and this Stipulation shall be voidable at the sole discretion of either party.
3

Case 1:15-vv-00220-UNJ Document 30 Filed 09/22/16 Page 6 of 7
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties’ respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the Tdap vaccine caused petitioner to suffer a
shoulder injury or any other injury.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner’s
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:15-vv-00220-UNJ Document 30 Filed 09/22/16 Page 7 of 7