VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00899
Package ID: USCOURTS-cofc-1_11-vv-00899
Petitioner: The estate of MARGIE D. REINECCIUS
Filed: 2014-10-31
Decided: 2015-06-17
Vaccine: influenza
Vaccination date: 2012-02-02
Condition: Guillain-Barre Syndrome ("GBS")
Outcome: compensated
Award amount USD: 349050

AI-assisted case summary:
The estate of Margie D. Reineccius, represented by Marcey A. Blankenship as personal representative, filed a petition on December 22, 2011, seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that an influenza vaccine administered on or about February 2, 2012, caused Guillain-Barre Syndrome (GBS) and that Ms. Reineccius experienced the effects of this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Reineccius's alleged GBS, any other injury, or her death. Despite maintaining their positions, both parties agreed to settle the issues. Special Master Brian H. Corcoran reviewed the file and adopted the parties' stipulation as his decision. The stipulation awarded a lump sum of $325,000.00, payable to the petitioner as the legal representative of the estate, as compensation for all damages. Subsequently, on May 20, 2015, counsel for both parties filed a joint stipulation regarding attorney's fees and costs. Special Master Corcoran approved this stipulation, awarding a total of $24,050.10 for fees and costs. This amount included $22,271.10 for attorneys' fees and costs for the law firm Maglio, Christopher and Toale, PA, and $1,779.00 for out-of-pocket costs incurred by the petitioner. The total award to the estate was $349,050.10 ($325,000.00 in damages plus $24,050.10 for fees and costs). Petitioner counsel was Isaiah R. Kalinowski of Maglio Christopher and Toale, PA, and respondent counsel was Traci R. Patton of the U.S. Department of Justice. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation.

Theory of causation field:
The estate of Margie D. Reineccius alleged that an influenza vaccine administered on or about February 2, 2012, caused Guillain-Barre Syndrome (GBS) and subsequent death. The respondent denied causation. The parties reached a stipulation for settlement. The Special Master adopted the stipulation, awarding $325,000.00 in damages and $24,050.10 for attorney's fees and costs, for a total award of $349,050.10. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The decision was issued by Special Master Brian H. Corcoran on June 17, 2015, with petitioner counsel Isaiah R. Kalinowski and respondent counsel Traci R. Patton.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_11-vv-00899-0
Date issued/filed: 2014-11-24
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/31/2014) regarding 45 DECISION Stipulation/Proffer, (Signed by Special Master Brian H. Corcoran.)(mpj) Copy to parties.
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Case 1:11-vv-00899-UNJ Document 47 Filed 11/24/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 11-899V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
The estate of MARGIE D. REINECCIUS, *
decedent, by and through MARCEY A. *
BLANKENSHIP as personal representative, * Filed: October 31, 2014
*
Petitioner, * Decision by Stipulation; Damages;
* Influenza (“Flu”) Vaccine;
v. * Guillain-Barre Syndrome ("GBS").
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Isaiah R. Kalinowski, Maglio Christopher and Toale , PA (DC), for Petitioner.
Traci R. Patton, U.S. Dep’t of Justice, Washington, D.C., for Respondent.
DECISION AWARDING DAMAGES1
On December 22, 2011, Margie D. Reineccius filed a petition seeking compensation
under the National Vaccine Injury Compensation Program.2 Marcey A. Blankenship, appeared
later in the action as personal representative of Ms. Reineccius’ estate after Ms. Reineccius’
death. The Petitioner alleges that as a result of receiving the influenza (“flu”) vaccine on or about
February 2, 2012, Ms. Reineccius suffered from Guillain-Barre Syndrome ("GBS"), and that she
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 1:11-vv-00899-UNJ Document 47 Filed 11/24/14 Page 2 of 7
experienced the effects of this injury for more than six months.
Respondent denies that the flu vaccine caused Ms. Reineccius's alleged GBS, any other
injury, or her death. Nonetheless both parties, while maintaining their above-stated positions,
agreed in a stipulation (filed October 29, 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 $325,000.00 in the form of a check payable to petitioner as legal
representative of the Estate of Margie D. Reineccius.3
These amounts represent compensation for all 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.4
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Petitioner represents that she presently is, or within 90 days of the date of judgment will become, duly authorized
to serve as legal representative of the Estate of Margie D. Reineccius under the laws of the State of Arizona. No
payments pursuant to this Stipulation, however, shall be made until petitioner provides the Secretary with
documentation establishing her appointment as legal representative of the Estate of Margie D. Reineccius. If
petitioner is not authorized by a court of competent jurisdiction to serve as legal representative of the Estate of
Margie D. Reineccius at the time a payment pursuant to this Stipulation is to be made, any such payment shall be
paid to the party or parties appointed by a court of competent jurisdiction to serve as legal representative of the
Estate of Margie D. Reineccius upon submission of written documentation of such appointment to the Secretary.
4 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

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DOCUMENT 2: USCOURTS-cofc-1_11-vv-00899-1
Date issued/filed: 2015-06-17
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 5/20/2015) regarding 52 DECISION Fees Stipulation. Signed by Special Master Brian H. Corcoran. (ag) Copy to parties.
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Case 1:11-vv-00899-UNJ Document 55 Filed 06/17/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 11-899V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
The Estate of MARGIE D. REINECCIUS, *
Decedent, by and through MARCEY A. *
BLANKENSHIP, as Personal Representative, * Filed: May 20, 2015
*
Petitioner, *
* Decision by Stipulation; Attorney’s
v. * Fees & Costs
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Isaiah Richard Kalinowski, Maglio, Christopher and Toale, PA, Washington, DC, for Petitioner.
Traci R. Patton, U.S. Dep’t of Justice, Washington, DC, for Respondent.
ATTORNEY’S FEES AND COSTS DECISION1
On December 22, 2011, Marcey A. Blankenship, as Personal Representative for the
Estate of Margie D. Reineccius, filed a petition seeking compensation under the National
Vaccine Injury Compensation Program. On October 29, 2014, the parties filed a stipulation
detailing an amount to be awarded to Petitioner. I subsequently 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, I will 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)). As provided by 42
U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the posted decision’s inclusion of certain kinds of
confidential information. Specifically, under Vaccine Rule 18(b), 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 whole decision will
be available to the public. (Id.)

Case 1:11-vv-00899-UNJ Document 55 Filed 06/17/15 Page 2 of 2
On May 20, 2015, counsel for both parties filed another joint stipulation, this time in
regards to attorney’s fees and costs. The parties have stipulated that Petitioner should receive a
total amount of $24,050.10 for fees and costs. Of that amount, $22,271.10 is for attorneys’ fees
and costs for the law firm of Maglio, Christopher and Toale, PA, and $1,779.00 is for out-of-
pocket costs incurred by Petitioner (as represented by Petitioner’s counsel in compliance with
General Order No. 9).
I approve the requested amount for attorney’s fees and costs as reasonable. Accordingly,
an award should be made in the form of:
• a check in the amount of $22,271.10 payable jointly to Petitioner and Petitioner’s
counsel, Isaiah Kalinowski, Esq.; and
• an additional check in the amount of $1,779.00 payable to Petitioner.
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.2
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their
right to seek review.