VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00655
Package ID: USCOURTS-cofc-1_15-vv-00655
Petitioner: Reginald Allen
Filed: 2015-06-24
Decided: 2016-09-20
Vaccine: Tdap and Hepatitis B
Vaccination date: 2012-08-20
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 320000

AI-assisted case summary:
Reginald Allen filed a petition on June 24, 2015, alleging that he suffered Guillain-Barré Syndrome (GBS) as a result of receiving Tdap and Hepatitis B vaccines on August 20, 2012. He claimed residual effects for more than six months. The respondent denied that the vaccines caused his GBS. The parties filed a joint stipulation on August 22, 2016, agreeing to compensation. Special Master Christian J. Moran adopted the stipulation, awarding Reginald Allen a lump sum of $320,000.00 for all damages. Subsequently, on September 12, 2016, the petitioner filed an unopposed motion for attorneys' fees and costs, requesting $21,636.41. The Special Master granted this motion, awarding the full amount jointly to the petitioner and his counsel, Diana L. Stadelnikas Sedar. The public decision does not describe the specific onset of symptoms, medical tests, or treatments. Petitioner was represented by Diana S. Sedar of Maglio Christopher and Toale, PA, and respondent was represented by Claudia B. Gangi of the U.S. Department of Justice.

Theory of causation field:
Petitioner Reginald Allen alleged that the Tdap and/or Hepatitis B vaccines, received on August 20, 2012, caused Guillain-Barré Syndrome (GBS), with residual effects lasting more than six months. The respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Special Master Christian J. Moran. The stipulation resulted in a lump sum award of $320,000.00 for all damages. Petitioner's counsel, Diana S. Sedar, and respondent's counsel, Claudia B. Gangi, were involved. Petitioner later received an award of $21,636.41 for attorneys' fees and costs, jointly payable to petitioner and counsel. The theory of causation relied on the Vaccine Injury Table. The public decision does not detail specific medical experts, the mechanism of injury, or the specific clinical progression of the GBS.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00655-0
Date issued/filed: 2016-09-20
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 8/23/16) regarding 36 DECISION Fees Stipulation/Proffer. Signed by Special Master Christian J. Moran. (dh) Copy to parties.
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Case 1:15-vv-00655-UNJ Document 39 Filed 09/20/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
REGINALD ALLEN, * No. 15-655V
* Special Master Christian J. Moran
Petitioner, *
*
v. *
* Filed: August 23, 2016
SECRETARY OF HEALTH *
AND HUMAN SERVICES, * Stipulation; Tetanus-Diphtheria-
* acellular Pertussis (“Tdap”);
Respondent. * Hepatitis B (“Hep B”); Guillain-
* Barré syndrome (“GBS”).
* * * * * * * * * * * * * * * * * * * * *
Diana S. Sedar, Maglio Christopher and Toale, PA, Sarasota, FL, for Petitioner;
Claudia B. Gangi, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On August 22, 2016, the parties filed a joint stipulation concerning the
petition for compensation filed by Reginald Allen on June 24, 2015. In his
petition, petitioner alleged that the Tdap and/or Hep B vaccine, which are
contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and
which he received on August 20, 2012, caused him to suffer Guillain-Barré
Syndrome (“GBS”). Petitioner further alleges that he suffered the residual effects
of this injury for more than six months. Petitioner represents that there has been no
prior award or settlement of a civil action for damages on his behalf as a result of
his condition.
1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services), requires that the Court post this decision 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 1:15-vv-00655-UNJ Document 39 Filed 09/20/16 Page 2 of 7
Respondent denies that the Tdap and/or Hep B vaccine caused petitioner to
suffer GBS or any other injury.
Nevertheless, the parties agree to the joint stipulation, attached hereto. 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 payment of $320,000.00 in the form of a check payable to
petitioner, Reginald Allen. 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 15-655V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Dan Hoffman, 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

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00655-1
Date issued/filed: 2016-10-07
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 9/12/16) regarding 36 DECISION Fees Stipulation/Proffer. Signed by Special Master Christian J. Moran. (dh) Copy to parties.
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Case 1:15-vv-00655-UNJ Document 40 Filed 10/07/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
REGINALD ALLEN, * No. 15-655V
* Special Master Christian J. Moran
Petitioner, *
*
v. *
* Filed: September 12, 2016
SECRETARY OF HEALTH *
AND HUMAN SERVICES, * Attorneys’ fees and costs; award
* in the amount to which respondent
Respondent. * has not objected
*
* * * * * * * * * * * * * * * * * * * * *
Diana S. Sedar, Maglio Christopher and Toale, PA, Sarasota, FL, for Petitioner;
Claudia B. Gangi, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON ATTORNEYS’ FEES AND COSTS1
On June 24, 2015, petitioner filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq., (the
“Vaccine Act”). Petitioner alleged that he suffered Guillain-Barre Syndrome. On
August 23, 2016, the undersigned issued a decision awarding compensation to
petitioner based on the parties’ stipulation.
Because petitioner received compensation, petitioner is entitled to an award
of attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e).
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. 44 U.S.C. § 3501 note (2012) (Federal
Management and Promotion of Electronic Government Services). 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.

Case 1:15-vv-00655-UNJ Document 40 Filed 10/07/16 Page 2 of 2
On September 12, 2016, petitioner filed an unopposed motion for attorneys’
fees and costs.2 Petitioner requests attorneys’ fees in the amount of $20,775.20 and
attorneys’ costs in the amount of $861.21 for a total amount of $21,636.41. 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.
§ 15(e). Based on the reasonableness of petitioner’s request and the lack of
opposition from respondent, the undersigned GRANTS petitioner’s motion for
attorneys’ fees and costs.
Accordingly, the undersigned awards the total of $21,636.41. Of this
amount $ 21,636.41 shall be payable as a lump sum in the form of a check
jointly payable to petitioner and petitioner’s counsel Diana L. Stadelnikas
Sedar. 3
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2 In the motion, petitioner states that respondent has no objection to petitioner’s request.
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, § 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 of Health & Human Servs., 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