VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_10-vv-00833
Package ID: USCOURTS-cofc-1_10-vv-00833
Petitioner: Brenda Day
Filed: 2014-11-10
Decided: 2015-07-28
Vaccine: influenza
Vaccination date: 2009-01-05
Condition: Guillain-Barrè syndrome
Outcome: compensated
Award amount USD: 55908.08

AI-assisted case summary:
Brenda Day filed a petition on November 10, 2014, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered from Guillain-Barrè syndrome (GBS) as a result of receiving an influenza vaccine on January 5, 2009, and that the effects of this injury lasted for more than six months. The respondent denied that the flu vaccine caused Petitioner's alleged GBS or any other injury, and also denied that her current disabilities were sequelae of a vaccine-related injury. Despite these opposing positions, both parties agreed to settle the case through a stipulation filed on November 7, 2014. Based on this stipulation, the Special Master issued a decision awarding compensation. The stipulation included a lump sum of $11,007.70 to reimburse a State of Indiana Medicaid lien and an additional $44,900.38 for all remaining damages. Subsequently, on April 23, 2015, the parties filed another stipulation regarding attorney's fees and costs. Petitioner requested $43,581.09 for attorney's fees and costs, which the respondent did not object to. The Special Master approved this amount as reasonable and directed that a check be issued jointly to Petitioner and her counsel. The total compensation awarded, including damages and attorney's fees, amounted to $55,908.08.

Theory of causation field:
unclear

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_10-vv-00833-0
Date issued/filed: 2014-12-02
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/10/2014) regarding 53 DECISION Stipulation/Proffer ( Signed by Special Master Brian H. Corcoran.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:10-vv-00833-UNJ Document 57 Filed 12/02/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 10-833V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
BRENDA DAY, * Filed: November 10, 2014
*
Petitioner, *
* Decision by Stipulation; Damages;
v. * Influenza (“Flu”) Vaccine;
* Guillain-Barrè Syndrome (“GBS”)
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Isaiah Richard Kalinowski, Maglio Christopher and Toale, PA, Washington, D.C., for Petitioner.
Michael Milmoe, U.S. Dep’t of Justice, Washington, D.C., for Respondent.
DECISION AWARDING DAMAGES1
On December 6, 2010, Brenda Day filed a petition seeking compensation under the
National Vaccine Injury Compensation Program.2 Petitioner alleges that as a result of receiving
the influenza (“flu”) vaccine on January 5, 2009, she suffered from Guillain-Barrè syndrome
(“GBS”), and that she experienced the effects of this injury for more than six months.
Respondent denies that the flu vaccine caused Petitioner’s alleged GBS, or any other
injury, and further denies that Petitioner’s current disabilities are sequelae of a vaccine-related
1 Because this ruling contains a reasoned explanation for my action in this case, it will be posted 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 42 U.S.C. §
300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To
do so, Vaccine Rule 18(b) provides that 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). Otherwise, the ruling will be available to the public.
Id.
2 The National Vaccine Injury Compensation Program comprises 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 – 34 (2006))
[hereinafter “Vaccine Act” or “the Act”]. Individual sections references hereafter will be to ' 300aa of the Act.

Case 1:10-vv-00833-UNJ Document 57 Filed 12/02/14 Page 2 of 7
injury. Nonetheless both parties, while maintaining their above-stated positions, agreed in a
stipulation (filed November 7, 2014) that the issues before them can be settled and that a
decision should be entered awarding Petitioner compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’
stipulation (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding
damages on the terms set forth therein.
The stipulation awards:
 A lump sum of $11,007.70, which amount represents reimbursement of a State
of Indiana Medicaid lien, in the form of a check payable jointly to Petitioner, and
Indiana Medicaid c/o HP Third Party Liability; P.O. Box 7262; Indianapolis, IN
46207-7262 (which Petitioner agrees to endorse to the appropriate State agency);
and
 A lump sum of $44,900.38 in the form of a check payable to Petitioner
representing all remaining damages that would be available under 42 U.S.C. §
300aa-15(a).
Stipulation ¶ 8.
I approve a Vaccine Program award in the requested amounts set forth above to be made
to Petitioner. 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/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or
separately) a notice renouncing their right to seek review.
2

Case 1:10-vv-00833-UNJ Document 57 Filed 12/02/14 Page 3 of 7

Case 1:10-vv-00833-UNJ Document 57 Filed 12/02/14 Page 4 of 7

Case 1:10-vv-00833-UNJ Document 57 Filed 12/02/14 Page 5 of 7

Case 1:10-vv-00833-UNJ Document 57 Filed 12/02/14 Page 6 of 7

Case 1:10-vv-00833-UNJ Document 57 Filed 12/02/14 Page 7 of 7

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_10-vv-00833-1
Date issued/filed: 2015-07-28
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/23/2015) Regarding 60 DECISION Fees Stipulation (Signed by Special Master Brian H. Corcoran). (ay) Copy to parties.
--------------------------------------------------------------------------------
Case 1:10-vv-00833-UNJ Document 63 Filed 07/28/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 10-833V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
BRENDA DAY, * Filed: April 23, 2015
*
Petitioner, *
*
v. * Decision; Attorney’s
* Fees & Costs
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Isaiah R. Kalinowski, Maglio Christopher and Toale, PA, Washington, DC, for Petitioner.
Michael P. Milmoe, U.S. Dep’t of Justice, Washington, DC, for Respondent.
ATTORNEY’S FEES AND COSTS DECISION1
On December 6, 2010, Brenda Day filed a petition seeking compensation under the
National Vaccine Injury Compensation Program.2 Thereafter, on November 7, 2014, the parties
filed a stipulation settling the case and detailing the amount to be awarded to Petitioner. I
subsequently issued a decision finding the parties’ stipulation to be reasonable and granting
Petitioner an award as outlined in the stipulation.
On March 26, 2015, the parties filed another stipulation, this time regarding attorney’s fees
and costs. Petitioner requests reimbursement of attorney’s fees and costs in the amount of
1 Because this decision contains a reasoned explanation for my action in this case, it will be posted 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 42 U.S.C. §
300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To
do so, Vaccine Rule 18(b) provides that each party has fourteen (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). Otherwise, the decision will be available to the public. Id.
2 The National Vaccine Injury Compensation Program comprises 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-10 through 34 (2006))
[hereinafter “Vaccine Act” or “the Act”]. Individual sections references hereafter will be to § 300aa of the Act.

Case 1:10-vv-00833-UNJ Document 63 Filed 07/28/15 Page 2 of 2
$43,581.09. This amount represents a sum to which Respondent does not object. In addition, and
in compliance with General Order No. 9, Petitioner’s counsel asserts that Petitioner has not
personally incurred litigation costs in conjunction with this proceeding on the Petition.
I approve the requested amount for attorney’s fees and costs as reasonable. Accordingly,
an award of $43,581.09 should be made in the form of a check payable jointly to Petitioner and
Petitioner’s counsel, Isaiah R. Kalinowski, Esq. Payment of this amount represents all attorney’s
fees and costs available under 42 U.S.C. § 300aa-15(e). 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/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately)
a notice renouncing their right to seek review.
2