VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00407
Package ID: USCOURTS-cofc-1_12-vv-00407
Petitioner: Daniel Mireles
Filed: 2012-06-22
Decided: 2014-09-02
Vaccine: influenza
Vaccination date: 2010-09-30
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 165360

AI-assisted case summary:
Daniel Mireles filed a petition on June 22, 2012, alleging that an influenza vaccination he received on September 30, 2010, a vaccine contained in the Vaccine Injury Table, caused him to develop Guillain-Barré Syndrome (GBS), with residual effects lasting more than six months.

Respondent denied that the flu vaccine caused petitioner's GBS or any other injury. Nonetheless, both parties agreed in a joint stipulation filed April 8, 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 $165,360.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

On August 1, 2014, petitioner filed a stipulation of fact concerning attorneys' fees and costs. Special Master Moran awarded $27,442.45, payable jointly to petitioner and his counsel, Isaiah Kalinowski of Maglio, Christopher & Toale, PA. Petitioner had not incurred any out-of-pocket litigation expenses.

Theory of causation field:
Flu Sep 30, 2010 → GBS (Table vaccine). Joint stipulation Apr 8, 2014; respondent denied causation; SM Moran. $165,360. Fees $27,442.45 (Kalinowski, Maglio Christopher & Toale, Washington DC).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00407-0
Date issued/filed: 2014-05-01
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/09/2014) regarding 40 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:12-vv-00407-UNJ Document 41 Filed 05/01/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
DANIEL MIRELES, *
* No. 12-407V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: April 9, 2014
*
SECRETARY OF HEALTH * Stipulation; Influenza Vaccine (“flu”);
AND HUMAN SERVICES, * Guillain-Barre´ syndrome (“GBS”).
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Isaiah Kalinowski, Maglio, Christopher & Toale, PA, Washington, DC, for Petitioner;
Linda S. Renzi, U.S. Department of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On April 8, 2014, respondent filed a joint stipulation concerning the petition
for compensation filed by Daniel Mireles on June 22, 2012. In his petition, Mr.
Mireles alleged that the influenza (“flu”) vaccination, which is contained in the
Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he received on
September 30, 2010, caused him to suffer 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 on his behalf as a result of his condition.
Respondent denies that the flu vaccine caused petitioner’s GBS, or any other
injury, and denies that his current disabilities are sequelae of vaccine-related
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-00407-UNJ Document 41 Filed 05/01/14 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 $165,360.00 in the form of a check payable to petitioner,
Daniel Mireles. 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 12-407V 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.

CCaassee 11::1122--vvvv--0000440077--UUNNJJ DDooccuummeenntt 3491 FFiilleedd 0045//0081//1144 PPaaggee 13 ooff 57

CCaassee 11::1122--vvvv--0000440077--UUNNJJ DDooccuummeenntt 3491 FFiilleedd 0045//0081//1144 PPaaggee 24 ooff 57

CCaassee 11::1122--vvvv--0000440077--UUNNJJ DDooccuummeenntt 3491 FFiilleedd 0045//0081//1144 PPaaggee 35 ooff 57

CCaassee 11::1122--vvvv--0000440077--UUNNJJ DDooccuummeenntt 3491 FFiilleedd 0045//0081//1144 PPaaggee 46 ooff 57

CCaassee 11::1122--vvvv--0000440077--UUNNJJ DDooccuummeenntt 3491 FFiilleedd 0045//0081//1144 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_12-vv-00407-1
Date issued/filed: 2014-09-02
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/11/2014) regarding 46 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:12-vv-00407-UNJ Document 49 Filed 09/02/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
DANIEL MIRELES, *
* No. 12-407V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: August 11, 2014
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which
* respondent does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Isaiah Kalinowski, Maglio, Christopher & Toale, PA, Washington, DC, for Petitioner;
Linda S. Renzi, U.S. Department of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On August 1, 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 $27,442.45, an amount to which respondent does not object.
The Court awards this amount.
On June 22, 2012, Daniel Mireles filed a petition for compensation alleging
that the influenza vaccine, which he received on September 30, 2010, caused him
to suffer Guillain-Barré syndrome (“GBS”). Petitioner received compensation
based upon the parties’ stipulation. Decision, filed Apr. 9, 2014. Because
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-00407-UNJ Document 49 Filed 09/02/14 Page 2 of 2
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 $27,442.45 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. A lump sum of $27,442.45 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
2