VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00888
Package ID: USCOURTS-cofc-1_12-vv-00888
Petitioner: David Wallace
Filed: 2012-12-17
Decided: 2015-10-01
Vaccine: influenza
Vaccination date: 
Condition: Guillian-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 225000

AI-assisted case summary:
David Wallace filed a petition on December 17, 2012, alleging that an influenza (flu) vaccination he received between October 7 and October 14, 2011 caused him to develop Guillain-Barré Syndrome (GBS). The flu vaccine is contained in the Vaccine Injury Table. Respondent denied that the flu vaccine caused petitioner to suffer GBS or any other injury.

Nonetheless, both parties agreed to a joint stipulation filed June 3, 2015 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 $225,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner subsequently applied for attorneys' fees and costs, and Special Master Moran awarded $35,912.50, payable to petitioner and his counsel, Danielle A. Strait of Maglio, Christopher & Toale, PA. Petitioner had not incurred any out-of-pocket litigation expenses.

Theory of causation field:
Flu Oct 7-14, 2011 → GBS (Table). Joint stipulation Jun 3, 2015; SM Moran. Comp $225,000. Fees $35,912.50 (Strait, Maglio Christopher & Toale PA, Washington DC).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00888-0
Date issued/filed: 2015-07-01
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/04/2015) regarding 72 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:12-vv-00888-UNJ Document 76 Filed 07/01/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
DAVID WALLACE, * No. 12-888V
*
Petitioner, * Special Master Moran
*
v. * Filed: June 4, 2015
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine;
AND HUMAN SERVICES, * Guillian-Barré Syndrome (“GBS”).
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Danielle A. Strait, Maglio, Christopher & Toale, PA, Washington, DC, for
Petitioner;
Traci R. Patton, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On June 3, 2015, respondent filed a joint stipulation concerning the petition
for compensation filed by David Wallace on December 17, 2012. In his petition,
Mr. Wallace alleged that the influenza (“flu”) vaccine, which is contained in the
Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he received
between October 7, 2011 and October 14, 2011, caused him to suffer Guillian-
Barré Syndrome (“GBS”). 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 to suffer GBS or
any other injury or condition.
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-00888-UNJ Document 76 Filed 07/01/15 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 $225,000.00 in the form of a check payable to petitioner,
David Wallace. 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 12-888V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Christina Gervasi, at (202)
357-6360.
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

CCaassee 11::1122--vvvv--0000888888--UUNNJJ DDooccuummeenntt 7716 FFiilleedd 0067//0031//1155 PPaaggee 13 ooff 57

CCaassee 11::1122--vvvv--0000888888--UUNNJJ DDooccuummeenntt 7716 FFiilleedd 0067//0031//1155 PPaaggee 24 ooff 57

CCaassee 11::1122--vvvv--0000888888--UUNNJJ DDooccuummeenntt 7716 FFiilleedd 0067//0031//1155 PPaaggee 35 ooff 57

CCaassee 11::1122--vvvv--0000888888--UUNNJJ DDooccuummeenntt 7716 FFiilleedd 0067//0031//1155 PPaaggee 46 ooff 57

CCaassee 11::1122--vvvv--0000888888--UUNNJJ DDooccuummeenntt 7716 FFiilleedd 0067//0031//1155 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_12-vv-00888-1
Date issued/filed: 2015-10-01
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 9/4/2015) regarding 79 DECISION Fees Stipulation/Proffer. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:12-vv-00888-UNJ Document 82 Filed 10/01/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
DAVID WALLACE, *
* No. 12-888V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: September 4, 2015
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, * Attorneys’ fees and costs; award
* in the amount to which
Respondent. * respondent does not object.
* * * * * * * * * * * * * * * * * * * * *
Danielle Anne Strait, Maglio Christopher and Toale, PA Washington, DC, for
Petitioner;
Traci R. Patton, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On September 2, 2015, petitioner filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Previously, petitioner
submitted a draft application to respondent for review and after informal
discussions regarding objections raised by respondent, petitioner agreed to amend
his application to seek $35,912.50 for attorneys’ fees and costs. Respondent found
petitioner’s application to be reasonable. The Court awards this amount.
On December 17, 2012, David Wallace filed a petition for compensation
alleging that the influenza (“flu”) vaccine, which he received between October 7,
2011 and October 14, 2011, caused him to suffer Guillain-Barré syndrome
(“GBS”). Petitioner received compensation based upon the parties’ stipulation.
Decision, issued June 4, 2015. Because petitioner received compensation, he is
entitled to an award of attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e).
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-00888-UNJ Document 82 Filed 10/01/15 Page 2 of 2
Petitioner seeks a total of $35,912.50 in attorneys’ fees and costs for his
counsel. Additionally, in compliance with General Order No. 9, petitioner states
that he did not incur any in 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 $35,912.50 in the form of a check made payable to
petitioner and petitioner’s attorney, Maglio Christopher & Toale, P.A.,
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, Shannon Proctor, at (202)
357-6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master