VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00923 Package ID: USCOURTS-cofc-1_12-vv-00923 Petitioner: Vikkie L. Shipp Filed: 2015-05-29 Decided: 2015-12-29 Vaccine: influenza Vaccination date: Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: 246000 AI-assisted case summary: Vikkie L. Shipp filed a petition on May 29, 2015, seeking compensation under the National Vaccine Injury Compensation Program. The petition, originally filed on December 12, 2012, alleged that Ms. Shipp suffered Guillain-Barré syndrome (GBS) and related complications as a result of receiving an influenza vaccine. The respondent, the Secretary of Health and Human Services, denied that the GBS and any related medical problems were caused by the flu vaccine. Despite maintaining their respective positions, both parties agreed to settle the case through a stipulation filed on May 29, 2015. Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision in the case. The stipulation awarded Vikkie L. Shipp a lump sum of $200,000.00, payable to her, as compensation for all damages. Subsequently, on December 7, 2015, the parties filed a joint stipulation regarding attorney's fees and costs. Special Master Corcoran approved an award of $46,000.00 for attorney's fees and costs, payable jointly to Petitioner Vikkie L. Shipp and her counsel, Isaiah Richard Kalinowski of Maglio Christopher and Toale, PA. Petitioner represented that she incurred no reimbursable costs. The total compensation awarded to Vikkie L. Shipp was $246,000.00. The decision was issued by Special Master Brian H. Corcoran. Theory of causation field: Petitioner Vikkie L. Shipp alleged that she suffered Guillain-Barré syndrome (GBS) as a result of receiving an influenza vaccine. Respondent denied causation. The parties reached a settlement via stipulation, which was approved by Special Master Brian H. Corcoran. The stipulation awarded Petitioner a lump sum of $200,000.00 for all damages. A subsequent stipulation addressed attorney's fees and costs, with Special Master Corcoran approving an award of $46,000.00 payable jointly to Petitioner and her counsel, Isaiah Richard Kalinowski. The total award was $246,000.00. The specific medical theory of causation, onset, symptoms, diagnostic tests, treatments, or expert testimony were not detailed in the provided public decision text, as the case was resolved by stipulation. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_12-vv-00923-0 Date issued/filed: 2015-06-19 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 05/29/2015) regarding 52 DECISION Stipulation. Signed by Special Master Brian H. Corcoran. (ag) Copy to parties. -------------------------------------------------------------------------------- Case 1:12-vv-00923-UNJ Document 56 Filed 06/19/15 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-923V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VIKKIE L. SHIPP, * * Petitioner, * Filed: May 29, 2015 * v. * Decision by Stipulation; Damages; * Influenza (“Flu”) Vaccine; * Guillain-Barré Syndrome (“GBS”) SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Isaiah Richard Kalinowski, Maglio Christopher and Toale, PA, Washington, DC, for Petitioner. Glenn MacLeod, U.S. Dep’t of Justice, Washington, DC, for Respondent DECISION AWARDING DAMAGES1 On December 12, 2012, Petitioner Vikkie L. Shipp filed a petition seeking compensation under the National Vaccine Injury Compensation Program, (“the Vaccine Program”).2 Petitioner alleges that she suffered Guillain-Barré syndrome (“GBS”) and related complications as a result of receiving an influenza (“flu”) vaccine. 1 Because this decision contains a reasoned explanation for my action in this case, I will post this decision on the United States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the posted decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the whole decision will be available to the public. (Id.) 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C.A. ' 300aa-10-' 300aa-34 (West 1991 & Supp. 2002). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. ' 300aa. Case 1:12-vv-00923-UNJ Document 56 Filed 06/19/15 Page 2 of 7 Respondent denies that Petitioner’s GBS and any related medical problems were caused by the receipt of the flu vaccine. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation filed May 29, 2015 that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation. I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards: A lump sum of $200,000.00, in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Stipulation ¶ 8. I approve a Vaccine Program award in the requested amount set forth above to be made 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.3 IT IS SO ORDERED. /s/ Brian H. Corcoran Brian H. Corcoran Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice renouncing their right to seek review. 2 Case 1:12-vv-00923-UNJ Document 56 Filed 06/19/15 Page 3 of 7 Case 1:12-vv-00923-UNJ Document 56 Filed 06/19/15 Page 4 of 7 Case 1:12-vv-00923-UNJ Document 56 Filed 06/19/15 Page 5 of 7 Case 1:12-vv-00923-UNJ Document 56 Filed 06/19/15 Page 6 of 7 Case 1:12-vv-00923-UNJ Document 56 Filed 06/19/15 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_12-vv-00923-1 Date issued/filed: 2015-12-29 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 12/8/2015) regarding 59 DECISION Fees Stipulation. Signed by Special Master Brian H. Corcoran. (ag) Copy to parties. -------------------------------------------------------------------------------- Case 1:12-vv-00923-UNJ Document 62 Filed 12/29/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-923V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VIKKIE L. SHIPP, * * Filed: December 8, 2015 Petitioner, * * Decision by Stipulation; Attorney’s v. * Fees & Costs * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Isaiah Richard Kalinowski, Maglio Christopher and Toale, PA, Washington, DC, for Petitioner Glenn MacLeod, U.S. Dep’t of Justice, Washington, DC, for Respondent ATTORNEY’S FEES AND COSTS DECISION1 On December 12, 2012, Vikkie Shipp filed a petition seeking compensation under the National Vaccine Injury Compensation Program. On May 29, 2015, the parties filed a stipulation detailing an amount to be awarded to Petitioner. I subsequently issued a decision finding the parties’ stipulation to be reasonable and granting Petitioner the award outlined by the stipulation. On December 7, 2015, counsel for both parties filed another joint stipulation, this time in regards to attorney’s fees and costs. The parties have stipulated that Petitioner’s counsel should receive a lump sum of $46,000.00, in the form of a check payable to Petitioner and Petitioner’s counsel. This amount represents a sum to which Respondent does not object. In addition, and in 1 Because this decision contains a reasoned explanation for my action in this case, I will post this decision on the United States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107- 347, § 205, 116 Stat. 2899, 2913 (Dec. 17, 2002) (current version at 44 U.S.C. § 3501 (2014)). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the posted decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the whole decision will be available to the public. (Id.) Case 1:12-vv-00923-UNJ Document 62 Filed 12/29/15 Page 2 of 2 compliance with General Order No. 9, Petitioner has represented that she did not incur any reimbursable costs in proceeding on this petition. I approve the requested amount for attorney’s fees and costs as reasonable. Accordingly, an award should be made in the form of a check in the amount of $46,000.00 payable jointly to Petitioner and Petitioner’s counsel, Isaiah Richard Kalinowski, Esq. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.2 IT IS SO ORDERED. /s/ Brian H. Corcoran Brian H. Corcoran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review.