VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00178
Package ID: USCOURTS-cofc-1_13-vv-00178
Petitioner: Garrell Noah
Filed: 2013-03-08
Decided: 2014-11-06
Vaccine: influenza
Vaccination date: 
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 150000

AI-assisted case summary:
On March 8, 2013, Petitioner Garrell Noah filed a petition under the National Vaccine Injury Compensation Program, alleging that an influenza (flu) vaccination caused him to develop Guillain-Barré syndrome (GBS). Respondent denied that the flu vaccine caused Petitioner's GBS or any other injury. The parties subsequently entered into a joint stipulation on July 23, 2014, to settle the case while maintaining their respective positions. Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision of the court. Petitioner was awarded a lump sum of $150,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Isaiah R. Kalinowski of Maglio, Christopher & Toale. Respondent was represented by Althea W. Davis of the U.S. Department of Justice. Later, on October 2, 2014, the parties filed a stipulation regarding attorneys' fees and costs. They agreed that Petitioner's counsel should receive a lump sum of $20,939.44, payable jointly to Petitioner and his counsel. Petitioner represented that he had not incurred any out-of-pocket litigation expenses. Special Master Corcoran approved this stipulation for attorneys' fees and costs as reasonable. The award for fees and costs was to be made in the form of a check payable jointly to Petitioner and Isaiah Kalinowski, Esq., and forwarded to the main office of Maglio, Christopher & Toale. The public decision does not describe the onset of symptoms, specific clinical details, medical tests, or treatments. The specific mechanism of causation was not detailed in the public decision.

Theory of causation field:
Flu vaccine administered to Petitioner Garrell Noah allegedly caused Guillain-Barré syndrome (GBS). The parties entered into a joint stipulation on July 23, 2014, to settle the case, with Respondent denying causation. Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner $150,000.00 for all damages under 42 U.S.C. § 300aa-15(a). Attorneys' fees and costs of $20,939.44 were subsequently stipulated and awarded, payable jointly to Petitioner and counsel Isaiah R. Kalinowski of Maglio Christopher & Toale. The public decision does not detail the specific medical experts, clinical evidence, or the precise mechanism of causation, relying instead on the joint stipulation to resolve the matter.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00178-0
Date issued/filed: 2014-08-19
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 07/23/2014) regarding 32 DECISION Stipulation/Proffer, (Signed by Special Master Brian H. Corcoran.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00178-UNJ Document 36 Filed 08/19/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-178V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * *
*
GARRELL NOAH, *
* Filed: July 23, 2014
Petitioner, *
*
v. *
* Decision by Stipulation; Damages;
SECRETARY OF HEALTH * Influenza (Flu) Vaccine; Guillain-Barré
AND HUMAN SERVICES, * Syndrome (GBS)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Isaiah R. Kalinowski, Maglio, Christopher & Toale, Washington, DC, for Petitioner.
Althea W. Davis, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On March 8, 2013, Petitioner Garrell Noah filed a petition seeking compensation under
the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Petitioner alleges
that he suffered Guillain-Barré syndrome (“GBS”) as a result of receiving the influenza (“flu”)
vaccination.
Respondent denies that Petitioner’s GBS or any other injury were caused by the receipt of
the flu vaccine. Nonetheless both parties, while maintaining their above-stated positions, agreed
1 Because this decision contains a reasoned explanation for my action in this case, it will be posted 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 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 1:13-vv-00178-UNJ Document 36 Filed 08/19/14 Page 2 of 2
in a stipulation filed July 23, 2014, 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) A lump sum of $150,000.00, 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 Petitioners. 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 (or separately) filing
notice(s) renouncing their right to seek review.

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00178-1
Date issued/filed: 2014-11-04
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/02/2014) regarding 40 DECISION Fees Stipulation/Proffer (Signed by Special Master Brian H. Corcoran.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00178-UNJ Document 41 Filed 11/04/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-178V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
GARRELL NOAH, *
*
Petitioner, * Filed: October 2, 2014
*
v. * Decision by Stipulation; Attorneys’
* Fees & Costs
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Isaiah Kalinowski, Maglio Christopher and Toale, PA (D.C.), for Petitioner.
Althea Davis, U.S. Dep’t of Justice, Washington, D.C., for Respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On March 8, 2013, Garrell Noah filed a petition seeking compensation under the National
Vaccine Injury Compensation Program.2 On July 23, 2014, the parties filed a stipulation settling
the case and detailing the amount to be awarded to Petitioner. I subsequently issued a decision
finding the parties’ stipulation to be reasonable and granting Petitioner an award as outlined by
the stipulation.
1 Because this ruling contains a reasoned explanation for my action in this case, it will be posted 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 42 U.S.C. §
300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To
do so, Vaccine Rule 18(b) provides that 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 ruling will be available to the public.
Id.
2 The National Vaccine Injury Compensation Program comprises 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 – 34 (2006))
[hereinafter “Vaccine Act” or “the Act”]. Individual sections references hereafter will be to ' 300aa of the Act.

Case 1:13-vv-00178-UNJ Document 41 Filed 11/04/14 Page 2 of 2
On October 2, 2014, the parties filed another stipulation, this time regarding attorneys’
fees and costs. The parties have stipulated that Petitioner’s counsel should receive a lump sum of
$20,939.44, 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 compliance with General Order #9,
Petitioner has represented that he did not incur any reimbursable costs in proceeding on this
petition.
I approve the requested amount for attorneys’ fees and costs as reasonable. Accordingly,
an award of $20,939.44 should be made in the form of a check payable jointly to Petitioner and
Petitioner’s counsel, Isaiah Kalinowski, Esq., which shall be forwarded to the main office of
Maglio, Christopher & Toale, located at 1605 Main Street, Suite 710, Sarasota Florida 34236. 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/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or
separately) a notice renouncing their right to seek review.
2