VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_10-vv-00411
Package ID: USCOURTS-cofc-1_10-vv-00411
Petitioner: Carl Maddox
Filed: 2010-06-30
Decided: 2015-01-05
Vaccine: influenza
Vaccination date: 2009-10-05
Condition: Guillain-Barre syndrome
Outcome: compensated
Award amount USD: 200000

AI-assisted case summary:
Carl Maddox filed a petition on June 30, 2010, alleging that an influenza vaccine he received on October 5, 2009 caused him to develop Guillain-Barré syndrome.

The parties filed a joint stipulation on July 11, 2014. Respondent denied that the influenza vaccination caused Mr. Maddox's GBS or any other injury. Nevertheless, the parties agreed to resolve the case through stipulation. Special Master Hamilton-Fieldman found the stipulation reasonable and adopted it as the decision of the Court. Compensation totaling $200,000.00 was awarded: a lump sum of $165,000.00 payable to petitioner, and a lump sum of $35,000.00 payable jointly to petitioner and St. Bernard's Medical Center in Jonesboro, Arkansas, representing reimbursement of outstanding medical expenses. These amounts represent compensation for all damages available under 42 U.S.C. § 300aa-15(a).

On December 12, 2014, the parties filed a stipulation for attorneys' fees and costs, agreeing to an award of $44,500.00. Mr. Maddox had not personally incurred any reimbursable costs. Special Master Hamilton-Fieldman awarded $44,500.00, payable jointly to Mr. Maddox and his attorney, Isaiah Kalinowski, of Maglio, Christopher & Toale, PA.

Theory of causation field:
Flu vaccine Oct 5, 2009 → GBS. Joint stipulation July 11, 2014; respondent denied causation; $200,000 total compensation ($165K to petitioner + $35K to St. Bernard's Medical Center for outstanding invoice). Fees $44,500 (SM Hamilton-Fieldman Dec 12, 2014). award corrected: 244500 → 200000 (DB had comp + fees combined).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_10-vv-00411-0
Date issued/filed: 2014-08-04
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/11/2014) regarding 63 DECISION Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:10-vv-00411-UNJ Document 67 Filed 08/04/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 10-411V
(E-Filed: July 11, 2014)
* * * * * * * * * * * * * * *
CARL MADDOX, * UNPUBLISHED
*
Petitioner, * Special Master
* Hamilton-Fieldman
v. *
* Influenza Vaccination;
SECRETARY OF HEALTH AND * Guillain-Barre syndrome;
HUMAN SERVICES, * Decision; Stipulation.
*
Respondent. *
* * * * * * * * * * * * * * *
Isaiah R. Kalinowski, Maglio, Christopher & Toale, PA, Washington, DC, for Petitioner.
Justine E. Daigneault, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On June 30, 2010, Petitioner, Carl Maddox, filed a petition seeking compensation
under the National Vaccine Injury Compensation Program (Athe Vaccine Program@).
Petitioner alleged that he suffered Guillain-Barre syndrome (“GBS”), as a result of
receiving an influenza vaccination on October 5, 2009.2
1 Because this decision contains a reasoned explanation for the undersigned’s action in
this case, the undersigned intends 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)). As provided by
Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any
information furnished by that party: (1) that is a trade secret or commercial or financial in
substance and is privileged or confidential; or (2) that includes medical files or similar files, the
disclosure of which would constitute a clearly unwarranted invasion of privacy.” Otherwise, “the
entire” decision will be available to the public. Id.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the
National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as
amended, 42 U.S.C.A. ' 300aa-10-' 300aa-34 (West 1991 & Supp. 2002) (Vaccine Act or the
Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. '
300aa.
1

Case 1:10-vv-00411-UNJ Document 67 Filed 08/04/14 Page 2 of 7
Respondent denies that Petitioner’s influenza vaccination caused his GBS and/or
any other injury. Nonetheless, both parties, while maintaining their above stated
positions, agreed in a Stipulation, filed July 11, 2014, (“Stipulation”) that the issues
before them can be settled and that a decision should be entered awarding Petitioner
compensation.
The undersigned finds said stipulation reasonable and adopts it as the decision of
the Court in awarding damages, on the terms set forth therein.
The stipulation awards:
1. A lump sum of $165,000.00 in the form of a check payable to Petitioner;
Stipulation ¶ 8(a)
2. A lump sum of $35,000.00 in the form of a check jointly payable to Petitioner
and
St. Bernard’s Medical Center,
P.O. Box 1713,
Jonesboro, Arkansas 72403,
Attn: Bryan Drummond, Director of Patient Accounting
Stipulation ¶8(b).
These payments, which amount to a total lump sum of $200,000.00, represent
compensation for all damages that would be available under 42 U.S.C. §300aa-15(a) to
which Petitioner would be entitled.
The undersigned approves the requested amounts 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 herewith.3
IT IS SO ORDERED.
s/Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties= joint
filing of notice renouncing the right to seek review.
2

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Case 1:10-vv-00411-UNJ Document 67 Filed 08/04/14 Page 4 of 7

Case 1:10-vv-00411-UNJ Document 67 Filed 08/04/14 Page 5 of 7

Case 1:10-vv-00411-UNJ Document 67 Filed 08/04/14 Page 6 of 7

Case 1:10-vv-00411-UNJ Document 67 Filed 08/04/14 Page 7 of 7

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_10-vv-00411-1
Date issued/filed: 2015-01-05
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/12/2014) regarding 71 DECISION Fees Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
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Case 1:10-vv-00411-UNJ Document 74 Filed 01/05/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 10-411V
Filed: December 12, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
CARL MADDOX, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Decision on Attorneys’ Fees and
v. * Costs; Reasonable Amount
* Requested to Which Respondent
SECRETARY OF HEALTH * Does Not Object.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Isaiah Kalinowski, Maglio, Christopher & Toale, PA, Washington, D.C., for Petitioner.
Justine Daigneault, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On June 30, 2010, Carl Maddox (“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 he suffered from Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”)
vaccine administered to him on October 5, 2009. On July 11, 2014, the undersigned issued a
decision awarding compensation to Petitioner.
On December 12, 2014, the parties filed a Stipulation of Facts Concerning Attorneys’
Fees and Costs. The parties have agreed to an award of $44,500.00 for attorneys’ fees and costs.
In accordance with General Order Number 9, Petitioner represents that he has not personally
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, 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)). As provided by
Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any
information furnished by that party: (1) that is a trade secret or commercial or financial in
substance and is privileged or confidential; or (2) that includes medical files or similar files, the
disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule
18(b).
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:10-vv-00411-UNJ Document 74 Filed 01/05/15 Page 2 of 2
incurred any expenses in pursuit of his claim.
The undersigned finds that this petition was brought in good faith and that there existed a
reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to
42 U.S.C. § 300aa-15(b) and (e)(1). Further, the proposed amount seems reasonable and
appropriate. Accordingly, the undersigned hereby awards the amount of $44,500.00, in the
form of a check made payable jointly to Petitioner and Petitioner’s counsel, Isaiah
Kalinowski, of the law firm of Maglio, Christopher & Toale, PA.
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
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2