VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_10-vv-00596 Package ID: USCOURTS-cofc-1_10-vv-00596 Petitioner: Arthur Cline Filed: 2014-01-09 Decided: 2014-01-22 Vaccine: influenza Vaccination date: 2009-10-14 Condition: Guillain-Barré Syndrome (“GBS”) Outcome: compensated Award amount USD: 191629 AI-assisted case summary: Arthur Cline filed a petition alleging that the influenza vaccine he received on October 14, 2009, caused him to suffer Guillain-Barré Syndrome (GBS) and residual effects lasting more than six months. The flu vaccine is listed on the Vaccine Injury Table. Respondent denied that the vaccine caused Mr. Cline's GBS or current condition but agreed to a joint stipulation. The parties also stipulated to attorneys' fees and costs. The court adopted the stipulations, awarding Mr. Cline a lump sum of $150,629.21 for all damages and $41,000.00 for attorneys' fees and costs, for a total award of $191,629.21. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_10-vv-00596-0 Date issued/filed: 2014-01-22 Pages: 7 Docket text: PUBLIC DECISION Signed by Special Master Christian J. Moran. (tjk) Copy to parties. -------------------------------------------------------------------------------- Case 1:10-vv-00596-UNJ Document 79 Filed 01/22/14 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * * * * * ARTHUR CLINE, * * No. 10-596V Petitioner, * Special Master Christian J. Moran * v. * Filed: January 22, 2014 * SECRETARY OF HEALTH * Stipulation; influenza (flu) vaccine; AND HUMAN SERVICES, * Guillain-Barré Syndrome (“GBS”); * attorneys’ fees and costs Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * Isaiah R.Kalinowski, Maglio Christopher and Toale, PA, Washington, DC for Petitioner; Jennifer L. Reynaud, U.S. Department of Justice, Washington, D.C., for Respondent. UNPUBLISHED DECISION1 On January 9, 2014, respondent filed a joint stipulation concerning the petition for compensation filed by Arthur Cline. In his petition, Mr. Cline alleged that the influenza (“flu”) vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he received on October 14, 2009, caused him to suffer Guillain-Barré Syndrome (“GBS”). Petitioner further alleges that he experienced 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. Respondent denies that petitioner's alleged GBS and residual effects were caused-in-fact by the flu vaccine. Respondent further denies that the flu vaccine caused petitioner any other injury or his current condition. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. Previously, Mr. Cline filed a joint stipulation of fact concerning final attorneys’ fees and costs on November 15, 2013. Prior to filing the November 2013 stipulation, Mr. Cline informally submitted a draft application for attorneys’ fees and costs to respondent for review. 1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002), 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 1:10-vv-00596-UNJ Document 79 Filed 01/22/14 Page 2 of 7 Upon review of petitioner’s application, respondent raised objections to certain items. Based on subsequent discussions, petitioner amended his application to request $41,000.00, an amount to which respondent does not object. The undersigned finds said stipulations reasonable and adopts it as the decision of the Court in awarding damages and attorneys’ fees and costs, on the terms set forth therein. Compensation awarded in the stipulations includes: A. A lump sum of $150,629.21 in the form of a check payable to petitioner, Arthur Cline. This amount represents compensation for all damages that would be available under 42 U. S.C. § 300aa- 15(a). B. A lump sum of $41,000.00 in the form of a check payable jointly to petitioner and petitioner’s attorney, Isaiah Kalinowski, Esq., 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. In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 10-596V according to this decision and the attached stipulation.2 Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-6353. 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. CCaassee 11::1100--vvvv--0000559966--UUNNJJ DDooccuummeenntt 7749 FFiilleedd 0011//0292//1144 PPaaggee 13 ooff 57 CCaassee 11::1100--vvvv--0000559966--UUNNJJ DDooccuummeenntt 7749 FFiilleedd 0011//0292//1144 PPaaggee 24 ooff 57 CCaassee 11::1100--vvvv--0000559966--UUNNJJ DDooccuummeenntt 7749 FFiilleedd 0011//0292//1144 PPaaggee 35 ooff 57 CCaassee 11::1100--vvvv--0000559966--UUNNJJ DDooccuummeenntt 7749 FFiilleedd 0011//0292//1144 PPaaggee 46 ooff 57 CCaassee 11::1100--vvvv--0000559966--UUNNJJ DDooccuummeenntt 7749 FFiilleedd 0011//0292//1144 PPaaggee 57 ooff 57