VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00144
Package ID: USCOURTS-cofc-1_11-vv-00144
Petitioner: The Estate of MARVIN GREEN, Sr.
Filed: 2011-03-08
Decided: 2014-02-10
Vaccine: influenza
Vaccination date: 
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 29000

AI-assisted case summary:
Marvin Joseph Green, Sr. filed a petition on March 8, 2011, alleging that the influenza vaccine caused Guillain-Barré syndrome. The vaccine is listed on the Vaccine Injury Table. Mr. Green passed away, and his son, Marvin Green, Jr., was substituted as the personal representative of his estate. The parties reached a stipulation for compensation. The court awarded the estate $29,000.00 in attorneys' fees and costs, an amount to which the respondent did not object. The decision date for this award of fees and costs was February 10, 2014.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_11-vv-00144-0
Date issued/filed: 2014-03-04
Pages: 2
Docket text: PUBLIC DECISION. Signed by Special Master Lisa Hamilton-Fieldman. (cc2) Copy to parties.
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Case 1:11-vv-00144-UNJ Document 58 Filed 03/04/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
(E-Filed: February 10, 2014)
* * * * * * * * * * * * * * *
The Estate of MARVIN GREEN, Sr., * No. 11-144V
Decedent, by and through, *
MARVIN GREEN, Jr., as Personal * Special Master
Representative * Hamilton-Fieldman
Petitioner, *
* Attorneys’ Fees and Costs;
v. * Award in Amount to Which Respondent
* Does Not Object
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * *
Isaiah Richard Kalinowski, Washington, DC, for Petitioner
Linda Sara Renzi, Washington, DC, for Respondent
UNPUBLISHED DECISION ON ATTORNEYS’ FEES AND COSTS1
On February 6, 2014, the parties filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Previously, Petitioner
informally submitted a draft application for attorneys’ fees and costs to Respondent for
review. Upon review of Petitioner’s application, Respondent raised objections to certain
items. Based on subsequent discussions, Petitioner amended her application to request
$ 29,000.00, an amount to which respondent does not object. The Court awards this
1 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)), requires that the court post this
decision on its website. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to
identify and move to delete medical or other information, that satisfies the criteria in §
300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction
must include a proposed redacted decision. If, upon review, the undersigned agrees that
the identified material fits within the requirements of that provision, the undersigned will
delete such material from public access.
1

Case 1:11-vv-00144-UNJ Document 58 Filed 03/04/14 Page 2 of 2
amount.
On March 8, 2011, Marvin Joseph Green, Sr., filed a petition for compensation
alleging that the influenza vaccine, which is contained in the Vaccine Injury Table (the
“Table”), alleging that he suffered certain injuries as a result of receiving a vaccination.
Upon Mr. Green’s death, Marvin Green, Jr., was substituted as Petitioner. Among the
injuries Petitioner alleged that Mr. Green suffered as a result of receiving a trivalent
influenza vaccination was Guillain-Barré syndrome. Petitioner received compensation
based upon the parties’ stipulation. Decision, filed October 21, 2013. Because Petitioner
received compensation, he is entitled to an award of attorneys’ fees and costs. 42 U.S.C.
§ 300aa-15(e).
Petitioner seeks a total of $29,000.00 in attorneys’ fees and costs for his counsel
(with no out-of-pocket litigation expenses incurred by Petitioner per General Order #9).
Respondent has no objection to the amount requested for attorneys’ fees and costs.
After reviewing the request, the Court awards the following:
A lump sum of $29,000.00 in the form of a check made payable to petitioner
and petitioner’s attorney, Isaiah Kalinowski, of the law firm Maglio,
Christopher & Toale, for attorneys’ 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 shall enter judgment accordingly.2
IT IS SO ORDERED.
s/Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
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.
2