VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00668
Package ID: USCOURTS-cofc-1_11-vv-00668
Petitioner: David Beckner
Filed: 2015-08-24
Decided: 2015-09-17
Vaccine: 
Vaccination date: 
Condition: 
Outcome: compensated
Award amount USD: 57287

AI-assisted case summary:
David Beckner filed a petition for compensation under the National Vaccine Injury Compensation Program on August 24, 2015. The case proceeded based on a stipulation, and on April 30, 2015, the Special Master issued a decision adopting the stipulation and finding the petitioner entitled to compensation. Subsequently, on September 17, 2015, the parties filed a Stipulation of Fact concerning attorneys' fees and costs. Respondent did not object to the requested amount of $57,287.82 in attorneys' fees and costs. The Special Master found the petition was brought in good faith with a reasonable basis, deeming the requested amount reasonable and appropriate. Accordingly, the Special Master awarded a lump sum of $57,287.82, payable jointly to the petitioner and his counsel, Isaiah Kalinowski, Esq., for attorneys' fees and costs. The public decision does not describe the specific vaccine(s) administered, the date(s) of vaccination, the alleged condition, the petitioner's age at vaccination, or the clinical details of the case. Petitioner was represented by Isaiah Kalinowski, Esq., and respondent was represented by Claudia Gangi, Esq. The Special Master was Thomas L. Gowen.

Theory of causation field:
The public text does not specify the vaccine(s) or dates of vaccination, nor does it detail the alleged injury or condition. The case proceeded based on a stipulation adopted by the Special Master on April 30, 2015, finding the petitioner entitled to compensation. A subsequent Stipulation of Fact concerning attorneys' fees and costs was filed on August 24, 2015. The respondent did not object to the requested amount of $57,287.82 for attorneys' fees and costs. Special Master Thomas L. Gowen found the petition was brought in good faith with a reasonable basis and awarded a lump sum of $57,287.82, payable jointly to the petitioner and his counsel, Isaiah Kalinowski, Esq. The public text does not provide information on the specific theory of causation, medical experts, or the mechanism of injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_11-vv-00668-0
Date issued/filed: 2015-09-17
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/24/2015) regarding 76 DECISION Fees Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:11-vv-00668-UNJ Document 79 Filed 09/17/15 Page 1 of 2
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 11-668V
Filed: August 24, 2015
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
DAVID BECKNER, *
*
Petitioner, * Stipulation; Attorneys’ Fees & Costs
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Isaiah Kalinowski, Esq., Maglio, Christopher & Toale, PA for petitioner.
Claudia Gangi, Esq., U.S. Department of Justice, Washington, D.C., for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Gowen, Special Master:
In this case under the National Vaccine Injury Compensation Program,2 I issued
a decision on April 30, 2015, adopting the parties’ stipulation and finding the petitioner
was entitled to compensation. On August 24, 2015, the parties filed a Stipulation of
Fact concerning attorneys’ fees and costs. Additionally, pursuant to General Order #9,
petitioner’s counsel asserted that petitioner incurred no personal litigation costs in this
matter. Id. at para. 3.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
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)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and
move to delete medical or other information, the disclosure of which would constitute an unwarranted
invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will
delete such material from public access.
2 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq.
(2012).

Case 1:11-vv-00668-UNJ Document 79 Filed 09/17/15 Page 2 of 2
The parties’ stipulation indicates that respondent does not object to the amount
of $57,287.82 in attorneys’ fees and cost that petitioner is requesting.
I find 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, I hereby award:
 A lump sum of $57,287.82 in the form of a check payable jointly to
petitioner and petitioner’s counsel of record, Isaiah Kalinowski, Esq.
for petitioner’s attorney fees and costs.
The clerk of the court shall enter judgment in accordance herewith.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review.
See Vaccine Rule 11(a).