VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00703
Package ID: USCOURTS-cofc-1_13-vv-00703
Petitioner: Rodrigo Brenes
Filed: 2013-09-19
Decided: 2015-08-10
Vaccine: influenza
Vaccination date: 2010-10-20
Condition: Guillain-Barré Syndrome (“GBS”) and/or chronic inflammatory demyelinating polyneuropathy (“CIDP”)
Outcome: compensated
Award amount USD: 85000

AI-assisted case summary:
On September 19, 2013, Rodrigo Brenes filed a petition for compensation alleging that an influenza vaccine he received on October 20, 2010, caused him to develop Guillain-Barré Syndrome (GBS) and/or chronic inflammatory demyelinating polyneuropathy (CIDP). Mr. Brenes also alleged that he experienced residual effects of this injury for more than six months and that there had been no prior award or settlement of a civil action for damages on his behalf. The respondent denied that the flu vaccination caused Mr. Brenes's alleged conditions. However, on February 23, 2015, both parties filed a joint stipulation to settle the case. Special Master Christian J. Moran reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. As part of the stipulation, Mr. Brenes was awarded a lump sum of $85,000.00, payable by check to him, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The public decision does not describe the onset of symptoms, specific medical tests, or treatments. On July 15, 2015, petitioner filed a stipulation of fact concerning final attorneys' fees and costs. Petitioner's counsel, Isaiah Kalinowski of Maglio, Christopher & Toale, had initially submitted an application for fees and costs, to which the respondent raised objections. Following discussions, the application was amended to request $22,000.00, an amount to which the respondent did not object. Special Master Christian J. Moran awarded this amount in a decision filed on August 10, 2015. This award was a lump sum of $22,000.00, payable by check to both Mr. Brenes and his attorney, Isaiah Kalinowski, for attorneys' fees and litigation costs available under 42 U.S.C. § 300aa-15(e).

Theory of causation field:
Petitioner Rodrigo Brenes alleged that an influenza vaccine received on October 20, 2010, caused Guillain-Barré Syndrome (GBS) and/or chronic inflammatory demyelinating polyneuropathy (CIDP), with residual effects lasting over six months. Respondent denied causation. The parties reached a joint stipulation on February 23, 2015, which Special Master Christian J. Moran adopted. The stipulation resulted in a compensated outcome. Petitioner was awarded $85,000.00 as a lump sum for all damages under 42 U.S.C. § 300aa-15(a). Petitioner's counsel was Isaiah Kalinowski of Maglio, Christopher & Toale. A subsequent stipulation on July 15, 2015, addressed attorneys' fees and costs, resulting in an award of $22,000.00, also adopted by Special Master Moran on August 10, 2015. The public decision does not detail the specific medical mechanism, expert testimony, or clinical findings supporting the theory of causation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00703-0
Date issued/filed: 2015-03-30
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 02/26/2015) regarding 36 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00703-UNJ Document 40 Filed 03/30/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
RODRIGO BRENES, * No. 13-703V
*
Petitioner, * Special Master Moran
*
v. * Filed: February 26, 2015
*
SECRETARY OF HEALTH * Stipulation; flu vaccine; Guillain-
AND HUMAN SERVICES, * Barré syndrome (“GBS”);
* chronic inflammatory demyelinating
Respondent. * polyneuropathy (“CIDP”).
*
* * * * * * * * * * * * * * * * * * * * *
Isaiah Kalinowski, Maglio, Christopher and Toale, Washington, DC, for Petitioner;
Debra Begley, 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 Rodrigo Brenes on September 19, 2013. In his
petition, Mr. Brenes alleged that the flu vaccine, which is contained in the Vaccine
Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he received on October
20, 2010, caused him to suffer Guillain-Barré Syndrome (“GBS”) and/or chronic
inflammatory demyelinating polyneuropathy (“CIDP”). Petitioner further alleges
that he experienced the residual effects of this injury for more than six months.
Petitioner represents that there has been no prior award or settlement of a civil
action for damages on his behalf as a result of his 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-00703-UNJ Document 40 Filed 03/30/15 Page 2 of 7
Respondent denies that petitioner’s alleged GBS and/or CIDP, or any other
condition, was caused-in-fact by his flu vaccination.
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 $85,000.00 in the form of a check payable to petitioner,
Rodrigo Brenes. 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 13-703V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Mary Holmes, 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-00703-1
Date issued/filed: 2015-08-10
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 07/17/2015) regarding 43 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00703-UNJ Document 46 Filed 08/10/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
RODRIGO BRENES, *
* No. 13-703V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: July 17, 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 & Toale, Washington, DC, for Petitioner;
Debra Filteau Begley, United States Dep’t of Justice, Washington, DC, for
Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On July 15, 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 $22,000.00, an amount to which respondent does not object.
The Court awards this amount.
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.

Case 1:13-vv-00703-UNJ Document 46 Filed 08/10/15 Page 2 of 2
On September 19, 2013, Rodrigo Brenes filed a petition for compensation
alleging that the flu vaccine, which he received on October 20, 2010, caused him to
suffer Guillain-Barré Syndrome (“GBS”) and/or chronic inflammatory
demyelinating polyneuropathy (“CIDP”). Petitioner received compensation based
upon the parties’ stipulation. Decision, issued Feb. 26, 2015. Because petitioner
received compensation, he is entitled to an award of attorneys’ fees and costs. 42
U.S.C. § 300aa-15(e).
Petitioner seeks a total of $22,000.00 in attorneys’ fees and costs. In
compliance with General Order No. 9, petitioner has incurred no out-of-pocket
litigation expenses while pursuing this claim. Respondent has no objection to the
amount requested for attorneys’ fees and costs.
After reviewing the request, the Court awards the following:
A lump sum of $22,000.00 in the form of a check made payable to
petitioner and petitioner’s attorney, Isaiah Kalinowski, of the law
firm Maglio, Christopher, & Toale, for attorneys’ fees and other
litigation costs available under 42 U.S.C. § 300aa-15(e).
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, Mary Holmes, at (202) 357-
6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2