VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00887
Package ID: USCOURTS-cofc-1_11-vv-00887
Petitioner: Paul W. Poling
Filed: 2011-12-19
Decided: 2014-08-21
Vaccine: 
Vaccination date: 
Condition: 
Outcome: compensated
Award amount USD: 

AI-assisted case summary:
Paul W. Poling filed a petition on December 19, 2011, seeking compensation under the National Vaccine Injury Compensation Program. A damages decision was issued by a former Special Master on November 1, 2013, based on a stipulation between the parties. The details of this damages decision and the compensation amount awarded are not available in the public record. On July 23, 2014, counsel for both Paul W. Poling and the Secretary of Health and Human Services filed a joint stipulation regarding attorneys' fees and costs. Petitioner's counsel, Janet D. Callahan of Hancock & Estabrook, LLP, sought a lump sum of $25,000.00, payable jointly to the petitioner and counsel. The respondent did not object to this amount. Petitioner also filed a statement indicating he had incurred no reimbursable costs. Special Master Brian H. Corcoran reviewed the stipulation for attorneys' fees and costs. Although the fee application was filed approximately three weeks after the deadline, Special Master Corcoran found good cause to excuse the untimely filing. He approved the requested amount of $25,000.00 as reasonable and ordered that judgment be entered accordingly, payable jointly to Paul W. Poling and Janet D. Callahan. The public decision does not describe the specific vaccine(s) administered, the date(s) of vaccination, the alleged condition, the clinical story, or the theory of causation for the injury.

Theory of causation field:
The public record for this case does not describe the theory of causation. The available text focuses solely on the award of attorneys' fees and costs. A damages decision was issued on November 1, 2013, by a former Special Master based on a stipulation, but its details are not in the public record. On July 23, 2014, Special Master Brian H. Corcoran approved a stipulation for attorneys' fees and costs in the amount of $25,000.00, payable jointly to petitioner Paul W. Poling and his counsel, Janet D. Callahan of Hancock & Estabrook, LLP. Special Master Corcoran excused the untimely filing of the fee application, finding good cause. Petitioner's counsel was Janet D. Callahan, and respondent's counsel was Glenn A. MacLeod. The decision date for the fees was August 21, 2014.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_11-vv-00887-0
Date issued/filed: 2014-08-21
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 07/23/2014) regarding 48 DECISION Fees Stipulation/Proffer ( Signed by Special Master Brian H. Corcoran.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:11-vv-00887-UNJ Document 49 Filed 08/21/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 11-887V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * *
*
PAUL W. POLING, *
* Filed: July 23, 2014
Petitioner, *
*
v. *
* Decision by Stipulation; Attorneys’
SECRETARY OF HEALTH * Fees and Costs
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Janet D. Callahan, Hancock & Estabrook, Syracuse, NY for Petitioner.
Glenn A. MacLeod, U.S. Dep’t of Justice, Washington, DC, for Respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On December 19, 2011, Paul W. Poling filed a petition seeking compensation under the
National Vaccine Injury Compensation Program. On October 31, 2013, the parties filed a
stipulation detailing an amount to be awarded to Petitioner. On November 1, 2013, the former
Special Master on this case issued a decision finding the parties’ stipulation to be reasonable and
granting Petitioner the award outlined by the stipulation.
1 Because this decision contains a reasoned explanation for my action in this case, it will be posted 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)). As provided by 42 U.S.C §
300aa-12(d)(4)(B), however, the parties may object to the decision’s inclusion of certain kinds of confidential
information. To do so, Vaccine Rule 18(b) permit each party 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.

Case 1:11-vv-00887-UNJ Document 49 Filed 08/21/14 Page 2 of 2
On July 23, 2014, counsel for both parties filed another joint stipulation, this time
regarding attorneys’ fees and costs.2 The parties have stipulated that Petitioner’s counsel should
receive a lump sum of $25,000.00 in the form of a check jointly payable to Petitioner and
Petitioner’s counsel. This amount represents a sum to which Respondent does not object. In
addition, in accordance with General Order #9, Petitioner filed a statement on July 23, 2014
indicating that he had incurred no reimbursable costs in pursuit of his claim.
I approve the requested amount for attorneys’ fees and costs as reasonable. Accordingly,
an award should be made in the form of a check jointly payable to Petitioner and Petitioner’s
counsel, Janet D. Callahan, Esq., in the amount of $25,000.00. 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
2 As the fees stipulation notes, Petitioner filed his fee application approximately three weeks outside of the 180-day
period provided for by the Vaccine Rules. See Vaccine Rule 13 ("[a]ny request for attorneys' fees and costs . . . shall
be filed no later than 180 days after the entry of judgment or the filing of an order concluding proceedings . . . ")
However, the parties brought this to my attention on July 22, 2014, and I orally indicated that I would not deem the
filing untimely under the circumstances.
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing (jointly or separately) notices
renouncing their right to seek review.