VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00074
Package ID: USCOURTS-cofc-1_13-vv-00074
Petitioner: Delores Criswell
Filed: 2013-01-29
Decided: 2014-12-16
Vaccine: influenza
Vaccination date: 2011-09-22
Condition: Guillain-Barré syndrome and/or Chronic Inflammatory Demyelinating Polyneuropathy
Outcome: compensated
Award amount USD: 40000

AI-assisted case summary:
On January 29, 2013, Delores Criswell filed a petition under the National Vaccine Injury Compensation Program, alleging that an influenza vaccination received on September 22, 2011, caused her to develop Guillain-Barré syndrome (GBS) and/or chronic inflammatory demyelinating polyneuropathy (CIDP). The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's alleged injuries. Despite maintaining their respective positions, both parties agreed to a stipulation to settle the case. Special Master Lisa Hamilton-Fieldman reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Petitioner was awarded a lump sum of $40,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Subsequently, the parties filed a stipulation concerning attorneys' fees and costs. The parties agreed to an award of $24,500.00 for attorneys' fees and costs, which Special Master Hamilton-Fieldman found to be reasonable and appropriate. This amount was awarded in the form of a check made payable jointly to Petitioner Delores Criswell and her counsel, Isaiah Kalinowski of Maglio, Christopher & Toale, PA. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the proposed mechanism of causation.

Theory of causation field:
Petitioner Delores Criswell alleged that an influenza vaccine administered on September 22, 2011, caused her to develop Guillain-Barré syndrome (GBS) and/or chronic inflammatory demyelinating polyneuropathy (CIDP). The respondent denied causation. The parties entered into a stipulation to settle the case. Special Master Hamilton-Fieldman adopted the stipulation, awarding Petitioner $40,000.00 for all damages under 42 U.S.C. § 300aa-15(a). A subsequent stipulation addressed attorneys' fees and costs, resulting in an award of $24,500.00, payable jointly to Petitioner and her counsel, Isaiah Kalinowski of Maglio, Christopher & Toale, PA. The public decision does not detail the specific medical experts, evidence, or the proposed mechanism of injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00074-0
Date issued/filed: 2014-09-02
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/08/2014) regarding 31 DECISION Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:13-vv-00074-UNJ Document 32 Filed 09/02/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-74V
(E-Filed: August 8, 2014)
* * * * * * * * * * * * * * *
DELORES CRISWELL, * UNPUBLISHED
*
Petitioner, * Special Master
* Hamilton-Fieldman
v. *
* Influenza Vaccine; Guillain-Barrè
SECRETARY OF HEALTH AND * syndrome; Chronic Inflammatory
HUMAN SERVICES, * Demyelinating Polyneuropathy
* Decision; Stipulation.
Respondent. *
* * * * * * * * * * * * * * *
Isaiah R. Kalinowski, Maglio, Christopher & Toale, PA, Washington, DC, for Petitioner.
Debra A. Begley, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 29, 2013, Petitioner, Delores Criswell, filed a petition seeking
compensation under the National Vaccine Injury Compensation Program (Athe Vaccine
Program@). Petitioner alleged that she suffered Guillain-Barrè syndrome (“GBS”) and/or
Chronic Inflammatory Demyelinating Polyneuropathy (“CIDP”), as a result of receiving
an influenza vaccination on September 22, 2011.2
1 Because this decision contains a reasoned explanation for the undersigned’s
action in this case, the undersigned intends to 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 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.” Otherwise, “the entire” 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,
1

Case 1:13-vv-00074-UNJ Document 32 Filed 09/02/14 Page 2 of 7
Respondent denies that Petitioner’s influenza vaccination caused his GBS, CIDP,
and/or any other injury. Nonetheless, both parties, while maintaining their above stated
positions, agreed in a Stipulation, filed August 7, 2014, (“Stipulation”) that the issues
before them can be settled and that a decision should be entered awarding Petitioner
compensation.
The undersigned finds said stipulation reasonable and adopts it as the decision of
the Court in awarding damages, on the terms set forth therein.
The stipulation awards:
A lump sum of $40,000.00 in the form of a check payable to Petitioner,
representing all damages available under 42 U.S.C. §300aa-15(a) to which
Petitioner would be entitled.
Stipulation ¶ 8(a)
The undersigned approves the requested amounts for Petitioner’s compensation.
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/Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
codified as amended, 42 U.S.C.A. ' 300aa-10-' 300aa-34 (West 1991 & Supp. 2002)
(Vaccine Act or the Act). All citations in this decision to individual sections of the
Vaccine Act are to 42 U.S.C.A. ' 300aa.
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties=
joint filing of notice renouncing the right to seek review.
2

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00074-1
Date issued/filed: 2014-12-16
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/25/2014) regarding 37 DECISION Fees Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:13-vv-00074-UNJ Document 38 Filed 12/16/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-74V
Filed: November 25, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
DELORES CRISWELL, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Decision on Attorneys’ Fees and
v. * Costs; Reasonable Amount
* Requested to Which Respondent
SECRETARY OF HEALTH * Does Not Object.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Isaiah Kalinowski, Maglio, Christopher & Toale, PA, Washington, D.C., for Petitioner.
Debra Begley, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On January 29, 2013, Delores Criswell (“Petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006).
Petitioner alleged that she suffered from Guillain-Barré syndrome (“GBS”) and/or chronic
inflammatory demyelinating polyneuropathy (“CIDP”) as a result of an influenza (“flu”) vaccine
administered to her on September 22, 2011. On August 8, 2014, the undersigned issued a
decision awarding compensation to Petitioner.
On November 25, 2014, the parties filed a Stipulation of Fact Concerning Attorneys’
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, 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
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).
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. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:13-vv-00074-UNJ Document 38 Filed 12/16/14 Page 2 of 2
Fees and Costs. The parties have agreed to an award of $24,500.00 for attorneys’ fees and costs.
In accordance with General Order Number 9, Petitioner represents that she has not personally
incurred any expenses in pursuit of her claim.
The undersigned finds that this petition was brought in good faith and that there existed a
reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to
42 U.S.C. § 300aa-15(b) and (e)(1). Further, the proposed amount seems reasonable and
appropriate. Accordingly, the undersigned hereby awards the amount of $24,500.00, in the
form of a check made payable jointly to Petitioner and Petitioner’s counsel, Isaiah
Kalinowski, of the law firm of Maglio, Christopher & Toale, PA.
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.3
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2