VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00762 Package ID: USCOURTS-cofc-1_15-vv-00762 Petitioner: Tina Lazicki Filed: 2015-07-21 Decided: 2017-08-16 Vaccine: Tdap Vaccination date: 2012-08-01 Condition: left arm pain, numbness, tingling, and paresthesia, and/or neuropathic pain syndrome Outcome: compensated Award amount USD: 90000 AI-assisted case summary: On July 21, 2015, Tina Lazicki filed a Vaccine Program petition after receiving a tetanus-diphtheria-acellular pertussis (Tdap) vaccine on August 1, 2012. She alleged that the vaccination caused left arm pain, numbness, tingling, paresthesia, and/or neuropathic pain syndrome, and that the residual effects lasted more than six months. The public decision was entered on a joint stipulation and gives only the core medical allegations. It does not describe when Lazicki first noticed symptoms, what testing or treatment she received, or how the condition progressed. Respondent denied that the Tdap vaccine caused the left arm pain, numbness, tingling, paresthesia, neuropathic pain syndrome, or any other injury. The parties filed a joint stipulation on August 16, 2017. Chief Special Master Nora Beth Dorsey found it reasonable and adopted it that day. Lazicki was awarded a lump sum of $90,000.00, payable to her, representing all damages available under section 15(a). She was represented by Mark T. Sadaka of Mark T. Sadaka, LLC. Theory of causation field: Tdap vaccine (August 1, 2012) alleged to cause left arm pain, numbness, tingling, paresthesia, and/or neuropathic pain syndrome with residual effects more than six months. COMPENSATED by joint stipulation. Respondent denied that Tdap caused the alleged neurologic/arm symptoms or any other injury; public stipulation contains limited clinical facts. Chief Special Master Nora Beth Dorsey adopted the stipulation on August 16, 2017. Award: $90,000.00 lump sum payable to Tina Lazicki. Attorney: Mark T. Sadaka, Mark T. Sadaka, LLC, Englewood, NJ. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00762-0 Date issued/filed: 2018-02-01 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 8/16/2017) regarding 63 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made. -------------------------------------------------------------------------------- Case 1:15-vv-00762-UNJ Document 69 Filed 02/01/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-0762V Filed: August 16, 2017 UNPUBLISHED TINA LAZICKI, Special Processing Unit (SPU); Joint Stipulation on Damages; Tetanus Petitioner, Diphtheria acellular Pertussis (Tdap) v. Vaccine; Arm Pain, Numbness, Tingling, Paresthesia; Neuropathic SECRETARY OF HEALTH AND Pain Syndrome HUMAN SERVICES, Respondent. Mark T. Sadaka, Mark T. Sadaka, LLC, Englewood, NJ, for petitioner. Sarah C. Duncan, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On July 21, 2015, Tina Lazicki (“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 she suffered left arm pain, numbness, tingling, and paresthesia, and/or neuropathic pain syndrome, as a result of receiving the tetanus, diphtheria, acellular pertussis (“Tdap”) vaccine on August 1, 2012. Petition at 1-4; Stipulation, filed August 16, 2017, at ¶¶ 1, 2, 4. Petitioner further alleges that she suffered the residual effects of her alleged injuries for more than six months. Petition at ¶ 16; Stipulation at ¶ 4. Respondent denies that the Tdap vaccine caused petitioner to suffer from left arm pain, numbness, tingling, and paresthesia, and/or neuropathic pain syndrome, or any other injury. Stipulation at ¶ 6. Nevertheless, on August 16, 2017, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. The undersigned 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. 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 1:15-vv-00762-UNJ Document 69 Filed 02/01/18 Page 2 of 7 finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, the undersigned awards the following compensation: A lump sum of $90,000.00 in the form of a check payable to petitioner. Stipulation at ¶ 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 Case 1:15-vv-00762-UNJ Document 69 Filed 02/01/18 Page 3 of 7 Case 1:15-vv-00762-UNJ Document 69 Filed 02/01/18 Page 4 of 7 Case 1:15-vv-00762-UNJ Document 69 Filed 02/01/18 Page 5 of 7 Case 1:15-vv-00762-UNJ Document 69 Filed 02/01/18 Page 6 of 7 Case 1:15-vv-00762-UNJ Document 69 Filed 02/01/18 Page 7 of 7