Wackrow v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 13-493V Filed: April 8, 2015

* * * * * * * * * * * * * * * * UNPUBLISHED TERESE WACKROW, *

* Special Master Hamilton-Fieldman Petitioner, *

* Joint Stipulation on Damages; v. * Tetanus-Diphtheria Vaccine;

* Guillain- Barré Syndrome; SECRETARY OF HEALTH * Attorneys’ Fees and Costs; AND HUMAN SERVICES, * Reasonable Amount Requested

* To Which Respondent Does Not

Respondent. * Object.

* * * * * * * * * * * * * * * * Diana S. Sedar, Maglio Christopher and Toale, PA, Sarasota, FL, for Petitioner. Justine E. Walters, United States Department of Justice, Washington, D.C., for Respondent.

DECISION1

On July 19, 2013, Terese Wackrow (“Petitioner”) filed a petition pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged that a Tetanus, Diphtheria, Pertussis (“Tdap”) vaccine administered to her on July 23, 2010 caused her to suffer from Guillain-Barré Syndrome

On April 7, 2015, the parties filed a stipulation in which they state that a decision should be entered awarding compensation and attorneys’ fees. Respondent denies that the Tetanus- Diphtheria (“Td”) vaccination caused any injury to Petitioner. 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 and attorneys’ fees, on the terms set forth therein.

The parties stipulate that Petitioner and her attorney shall receive the following compensation:

a. A lump sum of $35,000.00 in the form of a check payable to Petitioner; and b. A lump sum of $14,908.00, which amount represents reimbursement of a

Medicaid lien, in the form of a check payable jointly to Petitioner and

County Medical Services County of San Diego Attn: Eligibility Operations Division 1255 Imperial Avenue, Suite 446 (MS: 414) San Diego, California 92101

Petitioner agrees to endorse this check to County Medical Services. Payments made pursuant to paragraphs 8(a) and 8(b) represent compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).

c. A lump sum of $9,327.44 in the form of a check payable jointly to Petitioner and Petitioner’s attorney, Diana L. Stadelnikas Sedar, Esq., at Maglio, Christopher & Toale, PA, for attorneys’ fees and costs available under 42 U.S.C. § 300aa-15(e), and, in compliance with General Order #9, no out-of- pocket expenses were incurred by Petitioner in proceeding on the petition.

Stipulation ¶ 8.

The undersigned approves the requested amount for Petitioner’s compensation and for attorneys’ fees. Accordingly, an award should be made consistent with the stipulation.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3

IT IS SO ORDERED. s/ Lisa Hamilton-Fieldman Lisa Hamilton-Fieldman Special Master