VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00755
Package ID: USCOURTS-cofc-1_12-vv-00755
Petitioner: John Wanket
Filed: 2014-09-05
Decided: 2014-09-30
Vaccine: influenza
Vaccination date: 
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 163538

AI-assisted case summary:
John Wanket filed a petition for compensation under the National Vaccine Injury Compensation Program on September 5, 2014, alleging that he suffered from Guillain-Barré Syndrome (GBS) caused by an influenza vaccine received on September 14 or 15, 2011. He further alleged that he experienced residual effects of this injury for more than six months. The respondent denied that the flu vaccine caused Mr. Wanket's GBS or any other injury. The parties, through their counsel Isaiah R. Kalinowski for the petitioner and Voris E. Johnson, Jr. for the respondent, agreed to resolve the matter informally through a stipulation of fact. Special Master Laura D. Millman issued a decision on September 30, 2014, adopting the parties' stipulation. The court awarded Mr. Wanket a lump sum of $163,538.36 as compensation for all damages. Separately, on September 26, 2014, Special Master Millman awarded $28,300.00 for attorneys' fees and costs, payable jointly to Mr. Wanket and his attorneys, Maglio, Christopher & Toale, P.A. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation.

Theory of causation field:
Petitioner John Wanket alleged that he suffered Guillain-Barré Syndrome (GBS) caused by an influenza vaccine received on September 14 or 15, 2011, and experienced residual effects for more than six months. Respondent denied causation. The parties resolved the case via a stipulation of fact. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. Special Master Laura D. Millman awarded a lump sum of $163,538.36 for damages and $28,300.00 for attorneys' fees and costs, payable jointly to petitioner and his counsel, Maglio, Christopher & Toale, P.A. The decision was issued on September 30, 2014, based on stipulations filed September 5 and 9, 2014. Attorneys for the parties were Isaiah R. Kalinowski for petitioner and Voris E. Johnson, Jr. for respondent.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00755-0
Date issued/filed: 2014-09-26
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/05/2014) regarding 44 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:12-vv-00755-UNJ Document 52 Filed 09/26/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-755V
Filed: September 5, 2014
Not for Publication
*************************************
JOHN WANKET, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Isaiah Kalinowski, Washington, DC, for petitioner.
Voris E. Johnson, Jr., Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On September 5, 2014, the parties filed a stipulation of fact in which they agreed on an
appropriate amount for attorneys’ fees and costs in this case.
In accordance with the General Order #9 requirement, petitioner asserts that he did not
incur any costs in pursuit of his petition. Petitioner submitted his request for attorneys’ fees and
costs to respondent. During informal discussions, respondent raised objections to certain items in
petitioner’s application. Based on these objections, petitioner amends his application for
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-00755-UNJ Document 52 Filed 09/26/14 Page 2 of 2
attorneys’ fees and costs to $28,300.00. Respondent does not object to this amount. The
undersigned finds this amount to be reasonable. Accordingly, the court awards $28,300.00,
representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a
check payable jointly to petitioner and Maglio, Christopher & Toale, P.A., in the amount of
$28,300.00.
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: September 5, 2014 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

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DOCUMENT 2: USCOURTS-cofc-1_12-vv-00755-1
Date issued/filed: 2014-09-30
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/09/2014) regarding 46 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:12-vv-00755-UNJ Document 53 Filed 09/30/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-755V
Filed: September 9, 2014
Not for Publication
*************************************
JOHN WANKET, *
*
Petitioner, *
* Damages decision based on stipulation;
v. * influenza (flu) vaccine; Guillain-Barré
* Syndrome (GBS)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Isaiah R. Kalinowski, Washington, DC, for petitioner.
Voris E. Johnson, Jr., Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On September 9, 2014, the parties filed the attached stipulation in which they agreed to
settle this case and described the settlement terms. Petitioner alleges that he suffered from
Guillain-Barré Syndrome (“GBS”) that was caused by his receipt of influenza (“flu”) vaccine on
September 14 or 15, 2011. He further alleges that he experienced the residual effects of this
injury for more than six months. Respondent denies that the flu vaccine caused petitioner to
suffer GBS or any other injury and further denies that the flu vaccine caused petitioner’s current
disabilities. Nonetheless, the parties agreed to resolve this matter informally.
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’ 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-00755-UNJ Document 53 Filed 09/30/14 Page 2 of 7
The undersigned finds the terms of the stipulation to be reasonable. The court hereby
adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and
on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of
$163,538.36, representing compensation for all damages that would be available under 42 U.S.C.
§ 300aa-15(a) (2006). The award shall be in the form of a check for $163,538.36 made payable 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.2
IT IS SO ORDERED.
Dated: September 9, 2014 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

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