VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00230
Package ID: USCOURTS-cofc-1_13-vv-00230
Petitioner: Peggy Kalmeyer
Filed: 2014-09-11
Decided: 2014-10-10
Vaccine: 
Vaccination date: 
Condition: 
Outcome: compensated
Award amount USD: 39000

AI-assisted case summary:
Peggy Kalmeyer filed a petition under the National Vaccine Injury Compensation Program on September 11, 2014. The Special Master issued a decision on August 22, 2014, adopting the parties' stipulation. On September 8, 2014, the parties filed a stipulation for attorneys' fees and costs. The respondent did not object to the petitioner's request of $39,000.00 for attorneys' fees and costs. The petitioner incurred no personal litigation costs. The Special Master found that the petition was brought in good faith and had a reasonable basis, making an award appropriate. The total award of $39,000.00 was granted, payable jointly to the petitioner and her counsel, Isaiah Kalinowski. Judgment was entered accordingly. The public decision does not describe the specific vaccine(s) administered, the date(s) of vaccination, the alleged condition, or the clinical story.

Theory of causation field:
The public text does not describe the theory of causation, the specific vaccine(s) or dates of vaccination, the alleged injury, or any expert testimony. The case resulted in a stipulation for attorneys' fees and costs. Special Master Thomas L. Gowen found the petition was brought in good faith with a reasonable basis. An award of $39,000.00 was granted for attorneys' fees and costs, payable jointly to petitioner Peggy Kalmeyer and her counsel Isaiah Kalinowski. The decision date was October 10, 2014, with the petition filed on September 11, 2014.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00230-0
Date issued/filed: 2014-10-10
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/11/2014) regarding 36 DECISION Fees Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:13-vv-00230-UNJ Document 40 Filed 10/10/14 Page 1 of 2
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 13-230V
Filed: September 11, 2014
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * *
PEGGY KALMEYER, *
*
Petitioner, * Stipulation; Attorneys’ Fees & Costs
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Isaiah Kalinowski, Esq., Maglio Christopher and Toale, PA, Washington, DC for
petitioner.
Gordon Shemin, Esq., U.S. Dept. of Justice, Washington, DC for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
Gowen, Special Master:
In this case under the National Vaccine Injury Compensation Program,2 I issued
a Decision on August 22, 2014, adopting the parties’ stipulation filed on August 21,
2014. On September 8, 2014, the parties filed a stipulation for attorneys’ fees and
costs. The stipulation indicates that respondent does not object to the amount of
$39,000.00 that petitioner is requesting. Additionally, pursuant to General Order #9, the
stipulation notes that petitioner incurred no personal litigation costs.
I find 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
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
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)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and
move to delete medical or other information, the disclosure of which would constitute an unwarranted
invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will
delete such material from public access.
2
The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq.
(2006).

Case 1:13-vv-00230-UNJ Document 40 Filed 10/10/14 Page 2 of 2
reasonable and appropriate. Accordingly, I hereby award the total $39,000.003 in
the form of a check payable jointly to petitioner and petitioner’s counsel of
record, Isaiah Kalinowski, for petitioner’s attorneys’ fees and costs.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all
charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered.
Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including
costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS, 924
F.2d 1029 (Fed. Cir.1991).
4 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review.
See Vaccine Rule 11(a).