VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00283
Package ID: USCOURTS-cofc-1_12-vv-00283
Petitioner: James Castillo
Filed: 2012-05-04
Decided: 2015-02-18
Vaccine: hepatitis B
Vaccination date: 2009-05-11
Condition: transverse myelitis
Outcome: compensated
Award amount USD: 353766

AI-assisted case summary:
James Castillo filed a petition on May 4, 2012, alleging that Hepatitis B vaccinations he received on May 11, 2009 and June 11, 2009 caused him to develop transverse myelitis (TM), with residual effects lasting more than six months.

Respondent denied that the Hepatitis B vaccines caused petitioner's TM or any other injury. Nonetheless, both parties agreed in a joint stipulation filed July 23, 2014 to settle the case. Special Master Moran found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received: a lump sum of $353,766.03, representing compensation for first-year life care expenses ($18,834.82), lost earnings ($141,243.21), pain and suffering ($175,000.00), and past unreimbursable expenses ($18,688.00); and an amount sufficient to purchase an annuity contract providing future care payments.

On January 9, 2015, the parties filed a stipulation for attorneys' fees and costs. After petitioner's initial application was negotiated and reduced following respondent's objections, Special Master Moran awarded $53,308.14, payable jointly to petitioner and his counsel, Monika A. Hartl of Worker's Compensation Law Offices of Milwaukee SC. Petitioner had not personally incurred any out-of-pocket litigation costs.

Theory of causation field:
Hep B May 11, 2009 + Jun 11, 2009 → TM (Table vaccine). Joint stipulation Jul 23, 2014; respondent denied causation; SM Moran. $353,766.03 lump (year-1 life care $18,834.82 + lost earnings $141,243.21 + P&S $175,000 + past unreimbursable $18,688) + annuity. Fees $53,308.14 (Hartl, Worker's Comp Law Offices of Milwaukee).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00283-0
Date issued/filed: 2015-02-13
Pages: 11
Docket text: PUBLIC DECISION (Originally filed: 07/28/2014) regarding 66 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:12-vv-00283-UNJ Document 76 Filed 02/13/15 Page 1 of 11
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
JAMES CASTILLO, *
* No. 12-283V
Petitioner, * Special Master Moran
*
v. * Filed: July 28, 2014
*
SECRETARY OF HEALTH * Stipulation; Hepatitis B vaccinations;
AND HUMAN SERVICES, * transverse myelitis (“TM”).
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Monika A. Hartl, Worker’s Compensation Law Offices of Milwaukee, SC,
Milwaukee, WI, for Petitioner;
Julia W. McInerny, United States Dep’t of Justice, Washington, DC, for
Respondent.
UNPUBLISHED DECISION1
On July 23, 2014, respondent filed a joint stipulation concerning the petition
for compensation filed by James Castillo on May 4, 2012. In his petition, Mr.
Castillo alleged that the hepatitis B vaccines, which is contained in the Vaccine
Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he received on May 11,
2009 and June 11, 2009, caused him to suffer transverse myelitis (“TM”).
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 on his behalf as a result of his condition.
Respondent denies that the hepatitis B vaccines caused petitioner’s TM 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 1:12-vv-00283-UNJ Document 76 Filed 02/13/15 Page 2 of 11
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. A lump sum payment of $353,766.03, representing compensation for
first year life care expenses ($18,834.82), lost earnings ($141,243.21),
pain and suffering ($175,000.00), and past unreimbursable expenses
($18,688.00), in the form of a check payable to petitioner, James
Castillo; and
B. An amount sufficient to purchase the annuity contract described in
paragraph 10 of the attached stipulation.
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 12-283V 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

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DOCUMENT 2: USCOURTS-cofc-1_12-vv-00283-1
Date issued/filed: 2015-02-18
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 01/20/2015) regarding 75 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:12-vv-00283-UNJ Document 77 Filed 02/18/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
JAMES CASTILLO, *
* No. 12-283V
Petitioner, * Special Master Moran
*
v. * Filed: January 20, 2015
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which
* respondent does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Monika A. Hartl, Worker’s Compensation Law Offices of Milwaukee, SC,
Milwaukee, WI, for Petitioner;
Julia W. McInerny, United States Dep’t of Justice, Washington, DC, for
Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On January 9, 2015, 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 $53,308.14, an amount to which respondent does not object.
The Court awards this amount.
On May 4, 2012, James Castillo filed a petition for compensation alleging
that the hepatitis B vaccines, which he received on May 11, 2009 and June 11,
2009, caused him to suffer transverse myelitis (“TM”). Petitioner received
compensation based upon the parties’ stipulation. Decision, filed July 28, 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 1:12-vv-00283-UNJ Document 77 Filed 02/18/15 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 $53,308.14 in attorneys’ fees and costs for his
counsel. Additionally, in compliance with General Order No. 9, petitioner states
that he incurred no out-of-pocket litigation expenses while pursuing this claim.
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 $53,308.14 in the form of a check made payable to
petitioner and petitioner’s attorney, Monika A. Hartl, 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
2