VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00286
Package ID: USCOURTS-cofc-1_13-vv-00286
Petitioner: James Demoski
Filed: 2013-04-23
Decided: 2015-07-28
Vaccine: trivalent influenza
Vaccination date: 2010-12-07
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 245000

AI-assisted case summary:
James Demoski filed a petition on April 23, 2013, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that a trivalent influenza vaccine he received on December 7, 2010, caused him to develop Guillain-Barré Syndrome (GBS) and its sequelae. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Demoski's GBS or any other injury. Despite these opposing positions, both parties entered into a joint stipulation on December 15, 2014, to settle the case. Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision of the court. The stipulation awarded Mr. Demoski a lump sum of $245,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Subsequently, on May 20, 2015, the parties filed another stipulation regarding attorney's fees and costs. Petitioner requested reimbursement for attorney's fees and costs in the amount of $22,925.32, which the respondent did not object to. Petitioner also represented that he had not personally incurred any out-of-pocket litigation expenses. Special Master Corcoran approved this amount as reasonable. The award for attorney's fees and costs was to be made in the form of a check payable jointly to Mr. Demoski and his counsel, Isaiah Kalinowski of Maglio Christopher and Toale, PA. 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:
Petitioner James Demoski alleged that a trivalent influenza vaccine administered on December 7, 2010, caused him to develop Guillain-Barré Syndrome (GBS) and its sequelae. The respondent denied this causal link. The parties reached a joint stipulation on December 15, 2014, to settle the claim. Special Master Brian H. Corcoran adopted this stipulation as his decision. The stipulation resulted in an award of $245,000.00 for all damages under 42 U.S.C. § 300aa-15(a). A subsequent stipulation on May 20, 2015, addressed attorney's fees and costs, resulting in an additional award of $22,925.32, payable jointly to the petitioner and his counsel, Isaiah Kalinowski of Maglio Christopher and Toale, PA. The public decision does not detail the specific medical experts, clinical findings, or the proposed mechanism of causation for the alleged vaccine injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00286-0
Date issued/filed: 2015-02-02
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/16/2014) regarding 37 DECISION Stipulation/Proffer Signed by Special Master Brian H. Corcoran. (ay) Copy to parties.
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Case 1:13-vv-00286-UNJ Document 41 Filed 02/02/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-286V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
JAMES DEMOSKI, * Filed: December 16, 2014
*
*
Petitioner, *
* Decision by Stipulation; Damages;
v. * Trivalent Influenza (“flu”) Vaccine;
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Isaiah Kalinowski, Maglio Christopher and Toale, PA, Washington, DC, for Petitioner.
Jennifer Reynaud, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 23, 2013, James Demoski filed a petition seeking compensation under the
National Vaccine Injury Compensation Program.2 Petitioner alleges that as a result of receiving
the trivalent influenza (“flu”) vaccine on December 7, 2010, he suffered from Guillain-Barré
Syndrome (“GBS”) and its sequelae.
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-00286-UNJ Document 41 Filed 02/02/15 Page 2 of 7
Respondent denies that the flu vaccine caused Petitioner’s GBS and residual effects.
Respondent further denies that the flu vaccine caused Petitioner any other injury or his current
condition. Nonetheless both parties, while maintaining their above-stated positions, agreed in a
stipulation (filed December 15, 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 (as attached hereto) 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 $245,000.00 in the form of a check payable to Petitioner.
Stipulation ¶ 8. This amount represents compensation for all damages that would be available
under 42 U.S.C. ' 300aa-15(a).
I approve a Vaccine Program award in the requested amounts 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 each filing (either jointly or
separately) a notice renouncing their right to seek review.
2

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00286-1
Date issued/filed: 2015-07-28
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/20/2015) Regarding 44 DECISION Fees Stipulation Signed by Special Master Brian H. Corcoran. (ay) Copy to parties.
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Case 1:13-vv-00286-UNJ Document 47 Filed 07/28/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-286V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
JAMES DEMOSKI, * Filed: May 20, 2015
*
Petitioner, *
* Decision by Stipulation; Attorney’s
v. * Fees and Costs
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Isaiah Kalinowski, Maglio Christopher and Toale, PA, Washington, DC, for Petitioner.
Jennifer Reynaud, U.S. Dep’t of Justice, Washington, DC, for Respondent.
ATTORNEY’S FEES AND COSTS DECISION1
On April 23, 2013, James Demoski filed a petition seeking compensation under the
National Vaccine Injury Compensation Program.2 Thereafter, on December 15, 2014, the parties
filed a stipulation settling the case and detailing the amount to be awarded to Petitioner. ECF No.
36. I subsequently issued a decision finding the parties’ stipulation to be reasonable and granting
Petitioner an award as outlined in the stipulation. Decision Awarding Damages, dated Dec. 16,
2015 (ECF No. 37).
1 Because this decision 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 fourteen (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 decision 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 at 42 U.S.C. § 300aa-10 through 34 (2006))
[hereinafter “Vaccine Act” or “the Act”]. Individual sections references hereafter will be to § 300aa of the Act.

Case 1:13-vv-00286-UNJ Document 47 Filed 07/28/15 Page 2 of 2
On May 20, 2015, the parties filed another stipulation, this time regarding attorney’s fees
and costs. ECF No. 43. Petitioner requests reimbursement of attorney’s fees and costs in the
amount of $22,925.32. Id. These amounts represent sums to which Respondent does not object.
Id. In addition, and in compliance with General Order No. 9, Petitioner represents that he has not
personally incurred any expenses in litigating this case. Pet’r’s Statement Regarding Fees and
Costs, dated May 20, 2015 (ECF No. 42).
I approve the requested amount for attorney’s fees and costs as reasonable. Accordingly,
an award of $22,925.32 should be made in the form of a check payable jointly to Petitioner and
Petitioner’s counsel, Isaiah Kalinowski, Esq. Payment of this amounts represents all attorney’s
fees and costs available under 42 U.S.C. § 300aa-15(e). 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