Filed: Nov. 17, 2015
Latest Update: Nov. 17, 2015
Summary: DECISION ON JOINT STIPULATION 1 THOMAS L. GOWEN , Special Master . 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 r
Summary: DECISION ON JOINT STIPULATION 1 THOMAS L. GOWEN , Special Master . 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 re..
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DECISION ON JOINT STIPULATION1
THOMAS L. GOWEN, Special Master.
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.
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.
