VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00244 Package ID: USCOURTS-cofc-1_11-vv-00244 Petitioner: Shishpal Purewal Filed: 2011-04-18 Decided: 2014-08-28 Vaccine: Hepatitis A Vaccination date: 2009-10-29 Condition: Guillain-Barré Syndrome (“GBS”) Outcome: compensated Award amount USD: 15000 AI-assisted case summary: Shishpal Purewal filed a petition on April 18, 2011, alleging that a hepatitis A vaccination he received on October 29, 2009 caused him to develop Guillain-Barré syndrome, with residual effects lasting more than six months. On April 17, 2014, respondent filed a joint stipulation. Respondent denied that the hepatitis A vaccination caused petitioner's GBS, his current condition, or any other injury. Nevertheless, the parties agreed to the joint stipulation, and Special Master Moran found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $15,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). On July 29, 2014, petitioner filed a stipulation for attorneys' fees and costs requesting $29,792.88, an amount to which respondent did not object. Special Master Moran awarded $29,792.88, payable jointly to petitioner and his counsel, Isaiah Kalinowski, of Maglio, Christopher & Toale. The award was noted to be relatively higher than typical cases because counsel had to obtain medical records from India. Petitioner incurred no personal out-of-pocket litigation expenses. Theory of causation field: Hep A vaccine Oct 29, 2009 → GBS. Joint stipulation April 17, 2014; respondent denied causation; SM Moran. $15,000. Fees $29,792.88 (SM Moran Aug 1, 2014; higher than typical due to India medical records). decision_date corrected: '2014-05-16' → '2014-08-28' (granule 1 date_issued; DB had damages decision date). Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_11-vv-00244-0 Date issued/filed: 2014-05-16 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/21/2014) regarding 63 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (tpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:11-vv-00244-UNJ Document 67 Filed 05/16/14 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * SHISHPAL PUREWAL, * * Petitioner, * No. 11-244V v. * Special Master Christian J. Moran * SECRETARY OF HEALTH * Filed: April 21, 2014 AND HUMAN SERVICES, * * Stipulation; Hepatitis A vaccine; Respondent. * Guillain-Barre´ syndrome (“GBS”). * * * * * * * * * * * * * * * * * * * * * Isaiah Kalinowski, Maglio, Christopher & Toale, Washington, DC, for Petitioner; Lindsay Corliss, U.S. Department of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On April 17, 2014, respondent filed a joint stipulation concerning the petition for compensation filed by Shishpal Purewal on April 18, 2011. In his petition, Mr. Purewal alleged that the Hepatitis A vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he received on October 29, 2009, caused him to develop Guillain-Barré Syndrome (“GBS”). Petitioner further alleges that he experienced the 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 as a result of his condition. Respondent denies that the Hepatitis A immunization is the cause of petitioner’s alleged GBS, his current condition, and or any other injury. 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 party has 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 1:11-vv-00244-UNJ Document 67 Filed 05/16/14 Page 2 of 7 Nevertheless, the parties agree to the joint stipulation, attached hereto as “Appendix A.” The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Damages awarded in that stipulation include: A lump sum of $15,000.00 in the form of a check payable to petitioner, Shishpal Purewal. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 11-244V 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. 2 CCaassee 11::1111--vvvv--0000224444--UUNNJJ DDooccuummeenntt 6627 FFiilleedd 0045//1176//1144 PPaaggee 13 ooff 57 CCaassee 11::1111--vvvv--0000224444--UUNNJJ DDooccuummeenntt 6627 FFiilleedd 0045//1176//1144 PPaaggee 24 ooff 57 CCaassee 11::1111--vvvv--0000224444--UUNNJJ DDooccuummeenntt 6627 FFiilleedd 0045//1176//1144 PPaaggee 35 ooff 57 CCaassee 11::1111--vvvv--0000224444--UUNNJJ DDooccuummeenntt 6627 FFiilleedd 0045//1176//1144 PPaaggee 46 ooff 57 CCaassee 11::1111--vvvv--0000224444--UUNNJJ DDooccuummeenntt 6627 FFiilleedd 0045//1176//1144 PPaaggee 57 ooff 57 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_11-vv-00244-1 Date issued/filed: 2014-08-28 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 08/01/2014) regarding 69 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:11-vv-00244-UNJ Document 73 Filed 08/28/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * SHISHPAL PUREWAL, * * Petitioner, * No. 11-244V v. * Special Master Christian J. Moran * SECRETARY OF HEALTH * Filed: August 1, 2014 AND HUMAN SERVICES, * * Attorneys’ fees and costs; award Respondent. * in the amount to which * respondent does not object. * * * * * * * * * * * * * * * * * * * * Isaiah Kalinowski, Maglio, Christopher & Toale, Washington, DC, for Petitioner; Lindsay Corliss, U.S. Department of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION ON FEES AND COSTS1 On July 29, 2014, petitioner 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 his application to request $29,792.88, an amount to which respondent does not object. The Court awards this amount. On April 18, 2011, Shishpal Purewal filed a petition for compensation alleging that the Hepatitis A vaccine, which he received on October 29, 2009, caused him to suffer Guillain-Barré Syndrome (“GBS”). Petitioner received compensation based upon the parties’ stipulation. Decision, filed Apr. 21, 2014. 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 1:11-vv-00244-UNJ Document 73 Filed 08/28/14 Page 2 of 2 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 $29,792.88 in attorneys’ fees and costs for his counsel. Additionally, in compliance with General Order No. 9, petitioner states that he did not incur any in out-of-pocket litigation expenses while pursuing this claim. Respondent has no objection to the amount requested for attorneys’ fees and costs.1 After reviewing the request, the Court awards the following: A lump sum of $29,792.88 in the form of a check made payable to petitioner and petitioner’s attorney, Isaiah Kalinowski, for attorneys’ fees and other litigation costs available under 42 U.S.C. § 300aa-15(e). The Court thanks the parties for their cooperative efforts in resolving this matter. The Clerk shall enter judgment accordingly. 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 1 The attorneys’ fees are relatively higher than typical cases because the petitioner’s attorney was required to obtain medical records from India. 2 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_11-vv-00244-2 Date issued/filed: 2014-08-28 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 08/01/2014) regarding 69 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:11-vv-00244-UNJ Document 74 Filed 08/28/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * SHISHPAL PUREWAL, * * Petitioner, * No. 11-244V v. * Special Master Christian J. Moran * SECRETARY OF HEALTH * Filed: August 1, 2014 AND HUMAN SERVICES, * * Attorneys’ fees and costs; award Respondent. * in the amount to which * respondent does not object. * * * * * * * * * * * * * * * * * * * * Isaiah Kalinowski, Maglio, Christopher & Toale, Washington, DC, for Petitioner; Lindsay Corliss, U.S. Department of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION ON FEES AND COSTS1 On July 29, 2014, petitioner 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 his application to request $29,792.88, an amount to which respondent does not object. The Court awards this amount. On April 18, 2011, Shishpal Purewal filed a petition for compensation alleging that the Hepatitis A vaccine, which he received on October 29, 2009, caused him to suffer Guillain-Barré Syndrome (“GBS”). Petitioner received compensation based upon the parties’ stipulation. Decision, filed Apr. 21, 2014. 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 1:11-vv-00244-UNJ Document 74 Filed 08/28/14 Page 2 of 2 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 $29,792.88 in attorneys’ fees and costs for his counsel. Additionally, in compliance with General Order No. 9, petitioner states that he did not incur any in out-of-pocket litigation expenses while pursuing this claim. Respondent has no objection to the amount requested for attorneys’ fees and costs.1 After reviewing the request, the Court awards the following: A lump sum of $29,792.88 in the form of a check made payable to petitioner and petitioner’s attorney, Isaiah Kalinowski, for attorneys’ fees and other litigation costs available under 42 U.S.C. § 300aa-15(e). The Court thanks the parties for their cooperative efforts in resolving this matter. The Clerk shall enter judgment accordingly. 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 1 The attorneys’ fees are relatively higher than typical cases because the petitioner’s attorney was required to obtain medical records from India. 2