VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00570
Package ID: USCOURTS-cofc-1_12-vv-00570
Petitioner: Mark Deneen
Filed: 2015-03-02
Decided: 2015-03-23
Vaccine: 
Vaccination date: 
Condition: 
Outcome: compensated
Award amount USD: 34441

AI-assisted case summary:
This case involves the estate of Mark Deneen, represented by Barbara Keil as Personal Representative. On March 2, 2015, the parties filed a stipulation of fact regarding attorneys' fees and costs. Petitioner's counsel, Isaiah R. Kalinowski of Washington, D.C., initially submitted a request, to which respondent's counsel, Justine E. Walters of Washington, D.C., raised objections during informal discussions. Following these discussions, petitioner amended her application to request a total of $34,440.73. Respondent did not object to this revised amount. Special Master Laura D. Millman found the amount to be reasonable and awarded $30,260.49 for petitioner's Vaccine Program counsel, Maglio, Christopher, & Toale, P.A., payable jointly to petitioner and the firm. An additional $3,694.24 was awarded for attorneys' fees and costs incurred by Estate attorneys, Tarrant & Liska, P.L.L.C., also payable jointly to petitioner and the firm. Furthermore, $486.00 was awarded for costs incurred by Mr. Magio Madjerec to arrange for the creation of the estate, payable to petitioner as the legal representative. Petitioner agreed to reimburse Mr. Madjerec this amount. The decision directs the clerk to enter judgment unless a motion for review is filed. The specific vaccine(s) administered, the date(s) of vaccination, the alleged injury or condition, and the specific facts leading to the death of Mark Deneen are not detailed in this decision, which focuses solely on the stipulation and award of attorneys' fees and costs. The Special Master's decision was issued on March 23, 2015.

Theory of causation field:
The public decision does not describe the theory of causation. It focuses solely on a stipulation of fact regarding attorneys' fees and costs. The petitioner is Barbara Keil, as Personal Representative of the Estate of Mark Deneen, Decedent. The respondent is the Secretary of Health and Human Services. The parties filed a stipulation of fact on March 2, 2015, agreeing to an award of attorneys' fees and costs. Petitioner initially submitted a request, and respondent raised objections. Petitioner amended her application to request $34,440.73, which respondent did not object to. Special Master Laura D. Millman awarded $30,260.49 for petitioner's Vaccine Program counsel, $3,694.24 for estate attorneys, and $486.00 for costs incurred in creating the estate. The decision was issued on March 23, 2015. No specific vaccine, vaccination date, alleged injury, or mechanism of injury is described in the provided text. No experts are named.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00570-0
Date issued/filed: 2014-12-05
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/14/2014) regarding 44 Order Concluding Proceedings Signed by Special Master Laura D Millman. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:12-vv-00570-UNJ Document 45 Filed 12/05/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-570V
Filed: November 14, 2014
Not for Publication
*************************************
BARBARA KEIL, as Personal *
Representative of the Estate of *
MARK DENEEN, Decedent, *
*
Petitioner, * Voluntary dismissal under
* Vaccine Rule 21(a)
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Isaiah R. Kalinowski, Washington, DC, for petitioner.
Justine E. Daigneault, Washington, DC, for respondent.
MILLMAN, Special Master
ORDER CONCLUDING PROCEEDINGS1
On September 5, 2012, Mark Deneen filed a petition under the National Childhood
Vaccine Injury Act, 42 U.S.C. §§ 300aa-10–34 (2006), alleging that he suffered Guillain-Barré
Syndrome (“GBS”) as a result of the trivalent influenza (“flu”) vaccination he received on
September 15, 2009.
Mark Deneen died on August 3, 2013, and Barbara Keil, the personal representative of his
estate, was substituted as petitioner on July 23, 2014.
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made
available to the public unless they contain trade secrets or commercial or financial information that is
privileged and confidential, or medical or similar information whose disclosure would constitute a clearly
unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and
move to delete such information prior to the document’s disclosure. If the special master, upon review,
agrees that the identified material fits within the banned categories listed above, the special master shall
delete such material from public access.

Case 1:12-vv-00570-UNJ Document 45 Filed 12/05/14 Page 2 of 2
On November 14, 2014, the parties filed a Joint Stipulation of Dismissal, stating the parties
give notice of petitioner’s voluntary dismissal pursuant to Vaccine Rule 21(a).
Accordingly, pursuant to Vaccine Rule 21 (a), the above-captioned case is hereby
dismissed. The Clerk of the Court is hereby instructed that a judgment shall not enter in the
instant case pursuant to Vaccine Rule 21(a).
CONCLUSION
Proceedings are concluded in this case.
IT IS SO ORDERED.
Dated: November 14, 2014 s/ Laura D. Millman
Laura D. Millman
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_12-vv-00570-1
Date issued/filed: 2015-03-23
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/02/2015) regarding 47 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:12-vv-00570-UNJ Document 50 Filed 03/23/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-570V
Filed: March 2, 2015
Not for Publication
*************************************
BARBARA KEIL, *
as Personal Representative of the Estate of *
MARK DENEEN, Decedent, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Isaiah R. Kalinowski, Washington, DC, for petitioner.
Justine E. Walters, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On March 2, 2015, the parties filed a stipulation of fact in which they agreed on an
appropriate amount for attorneys’ fees and costs in this case.
Petitioner submitted her request for attorneys’ fees and costs to respondent. During
informal discussions, respondent raised objections to certain aspects of petitioner’s application.
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made
available to the public unless they contain trade secrets or commercial or financial information that is
privileged and confidential, or medical or similar information whose disclosure would constitute a clearly
unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and
move to redact such information prior to the document=s disclosure. If the special master, upon review,
agrees that the identified material fits within the banned categories listed above, the special master shall
redact such material from public access.

Case 1:12-vv-00570-UNJ Document 50 Filed 03/23/15 Page 2 of 2
Based on these objections, petitioner amends her application for attorneys’ fees and costs to
request $34,440.73. Respondent does not object to this amount. The undersigned finds this
amount to be reasonable. Accordingly, the court awards:
a. $30,260.49, representing reimbursement for attorneys’ fees and costs incurred by
petitioner’s Vaccine Program counsel. The award shall be in the form of a check
payable jointly to petitioner and Maglio, Christopher, & Toale, P.A.;
b. $3,694.24, representing reimbursement for attorneys’ fees and costs incurred by Estate
attorneys, Tarrant & Liska, P.L.L.C. The award shall be in the form of a check
payable jointly to petitioner and Tarrant & Liska, P.L.L.C., 1539 Grand Avenue, Saint
Paul, Minnesota 55105-2229; and
c. $486.00, representing reimbursement for costs incurred by Mr. Magio Madjerec to
arrange for the creation of the Estate. The award shall be in the form of a check
payable to petitioner as legal representative of the Estate of Mark Deneen. Petitioner
agrees to reimburse Mr. Magio Madjerec, 523 Jackson Street, Apartment 35, Saint
Paul, Minnesota 55101-2467, the full amount of $486.00.
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.2
IT IS SO ORDERED.
Dated: March 2, 2015 s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2