VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00482
Package ID: USCOURTS-cofc-1_13-vv-00482
Petitioner: Catherine Wolski
Filed: 2013-07-17
Decided: 2015-10-21
Vaccine: influenza
Vaccination date: 2011-08-25
Condition: vaccine-related neuritis and neuropathy or Guillain-Barré Syndrome (“GBS”)
Outcome: compensated
Award amount USD: 5000

AI-assisted case summary:
Catherine Wolski filed a petition on July 17, 2013, alleging that an influenza (flu) vaccination she received on August 25, 2011 caused her to develop vaccine-related neuritis and neuropathy or Guillain-Barré Syndrome (GBS). Respondent denied that the vaccine caused petitioner to suffer neuritis, neuropathy, GBS, or any other injury.

Nonetheless, both parties agreed to a joint stipulation filed February 23, 2015 to settle the case. Special Master Moran found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $5,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The parties subsequently agreed to attorneys' fees and costs totaling $32,939.25, payable to petitioner's current counsel, Isaiah Kalinowski of Maglio, Christopher and Toale, P.A. ($31,836.75), and to petitioner's former counsel, Sherry Beshay ($1,102.50).

Theory of causation field:
Flu Aug 25, 2011 → vaccine-related neuritis/neuropathy or GBS. Joint stipulation Feb 23, 2015; SM Moran. Comp $5,000. Fees $32,939.25 ($31,836.75 to Kalinowski, Maglio Christopher and Toale PA, Washington DC; $1,102.50 to former counsel Sherry Beshay).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00482-0
Date issued/filed: 2015-04-01
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/06/2015) regarding 35 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00482-UNJ Document 39 Filed 04/01/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
CATHERINE WOLSKI, * No. 13-482V
*
Petitioner, * Special Master Moran
*
v. * Filed: March 6, 2015
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine;
AND HUMAN SERVICES, * vaccine-related neuritis and
* neuropathy; Guillain-Barré
Respondent. * Syndrome (“GBS”).
* * * * * * * * * * * * * * * * * * * * *
Isaiah Kalinowski, Maglio, Christopher and Toale, P.A., Washington, DC, for
Petitioner;
Traci Patton, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On February 23, 2015, respondent filed a joint stipulation concerning the
petition for compensation filed by Catherine Wolski on July 17, 2013. In her
petition, Ms. Wolski alleged that the influenza (“flu”) vaccine, which is contained
in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which she
received on August 25, 2011, caused her to suffer vaccine-related neuritis and
neuropathy or Guillain-Barré Syndrome (“GBS”). Petitioner represents that there
has been no prior award or settlement of a civil action for damages on her behalf as
a result of her condition.
Respondent denies that the vaccines caused petitioner to suffer neuritis,
neuropathy, GBS, or any other injury or condition.
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the party has 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:13-vv-00482-UNJ Document 39 Filed 04/01/15 Page 2 of 7
Nevertheless, the parties agree to the joint stipulation, attached hereto as
“Appendix A.” The undersigned finds said stipulation reasonable and adopts it as
the decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum of $5,000.00 in the form of a check payable to petitioner,
Catherine Wolski. This amount represents compensation for all
damages that would be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 13-482V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Christina Gervasi, at (202)
357-6360.
IT IS SO ORDERED.
s/ Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00482-1
Date issued/filed: 2015-10-21
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/23/2015) regarding 42 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00482-UNJ Document 43 Filed 10/21/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
CATHERINE WOLSKI, *
* No. 13-482V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: September 23, 2015
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which respondent
* does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Isaiah Kalinowski, Maglio, Christopher and Toale, P.A., Washington, DC, for
Petitioner;
Traci Patton, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On September 22, 2015, petitioner filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Previously, petitioner
informally submitted a draft application for attorneys’ fees and costs to respondent
for review. Upon review of petitioner’s application, respondent raised objections to
certain items. Based on subsequent discussions, petitioner amended her application
to request $32,939.25, an amount to which respondent does not object. The Court
awards this amount.
On July 17, 2013, Catherine Wolski filed a petition for compensation alleging
that the influenza (“flu”) vaccine, which she received on August 25, 2011, caused her
to suffer vaccine-related neuritis and neuropathy or Guillain-Barré syndrome
(“GBS”). Petitioner received compensation based upon the parties’ stipulation.
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this ruling on its website. Pursuant to Vaccine Rule 18(b), the
parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master
will appear in the document posted on the website.
1

Case 1:13-vv-00482-UNJ Document 43 Filed 10/21/15 Page 2 of 2
Decision, issued March 6, 2015. Because petitioner received compensation, she is
entitled to an award of attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e).
Prior to retaining Petitioner’s undersigned counsel of record, Petitioner was
represented briefly by attorney Sherry Beshay. Petitioner seeks $31,836.75 in
attorneys’ fees and costs and $1,102.50 to former counsel Sherry Beshay. In
compliance with General Order No. 9, petitioner states that while represented by
Maglio, Christopher and Toale, PA, she did not incur costs related to the litigation of
this matter. Respondent has no objection to the amount requested for attorneys’ fees
and costs.
After reviewing the request, the Court awards the following:
A. A lump sum of $31,836.75 in the form of a check made payable
jointly to petitioner and petitioner’s attorney, Isaiah Kalinowski,
of Maglio, Christopher and Toale, PA, for attorneys’ fees and
other litigation costs available under 42 U.S.C. § 300aa-15(e), and
B. A lump sum of $1,102.50 in the form of a check made payable
jointly to petitioner and petitioner’s former counsel Sherry
Beshay, Esq.
The Court thanks the parties for their cooperative efforts in resolving this
matter. The Clerk shall enter judgment accordingly.
Any questions may be directed to my law clerk, Shannon Proctor, at (202) 357-
6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2