VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00704
Package ID: USCOURTS-cofc-1_13-vv-00704
Petitioner: David Allen
Filed: 2013-09-19
Decided: 2015-06-08
Vaccine: influenza
Vaccination date: 2011-11-16
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 80000

AI-assisted case summary:
David Allen filed a petition on September 19, 2013, alleging that an influenza vaccine administered on November 16, 2011, caused him to develop Guillain-Barré syndrome (GBS). The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Petitioner's GBS or any other injury, and further denied that his current disabilities were sequelae of a vaccine-related injury. Despite the respondent's denials, both parties filed a joint stipulation on December 1, 2014, agreeing to a settlement. Special Master Lisa Hamilton-Fieldman reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Petitioner was awarded a lump sum of $80,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Subsequently, on May 14, 2015, Petitioner filed a Stipulation of Fact Concerning Attorneys' Fees and Costs. The parties agreed to an award of $20,000.00 in attorneys' fees and costs. Special Master Hamilton-Fieldman found that the petition was brought in good faith and had a reasonable basis, making an award for fees and costs appropriate under 42 U.S.C. § 300aa-15(b) and (e)(1). The proposed amount was deemed reasonable. The award of $20,000.00 was made payable jointly to Petitioner David Allen and his counsel, Isaiah Kalinowski of Maglio, Christopher & Toale. The public decision does not describe the onset of symptoms, specific clinical details, medical tests, or treatments. Petitioner was represented by Isaiah Kalinowski of Maglio Christopher & Toale, PA. Respondent was represented by Glenn MacLeod of the United States Department of Justice.

Theory of causation field:
Petitioner David Allen alleged that an influenza vaccine received on November 16, 2011, caused him to develop Guillain-Barré syndrome (GBS). Respondent denied causation. The parties entered into a joint stipulation on December 1, 2014, agreeing to compensation. Special Master Lisa Hamilton-Fieldman adopted the stipulation, awarding Petitioner $80,000.00 for all damages under 42 U.S.C. § 300aa-15(a). Subsequently, on May 14, 2015, a stipulation for attorneys' fees and costs was filed, resulting in an award of $20,000.00, payable jointly to Petitioner and his counsel, Isaiah Kalinowski of Maglio, Christopher & Toale. 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-00704-0
Date issued/filed: 2014-12-23
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/01/2014) regarding 24 DECISION Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:13-vv-00704-UNJ Document 28 Filed 12/23/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-704V
Filed: December 1, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
DAVID ALLEN, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine; Guillain-
* Barré Syndrome (“GBS”).
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Isaiah Kalinowski, Maglio Christopher & Toale, PA, Washington, D.C., for Petitioner.
Glenn MacLeod, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On September 19, 2013, David Allen (“Petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006).
Petitioner alleged that he suffered from Guillain-Barré syndrome (“GBS”) as a result of an
influenza (“flu”) vaccine administered to him on November 16, 2011.
On December 1, 2014, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling 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
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).
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. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:13-vv-00704-UNJ Document 28 Filed 12/23/14 Page 2 of 7
Respondent denies that the flu vaccine caused Petitioner’s GBS or any other injury and
further denies that his current disabilities are sequelae of a vaccine-related injury. Nevertheless,
the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds
the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the
terms set forth therein.
The parties stipulate that Petitioner shall receive the following compensation:
A lump sum of $80,000.00, in the form of a check payable to Petitioner, David Allen.
This amount represents compensation for all damages that would be available
under 42 U.S.C. § 300aa-15(a).
Stipulation ¶ 8.
The undersigned approves the requested amount for Petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
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/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

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CCaassee 11::1133--vvvv--0000770044--UUNNJJ DDooccuummeenntt 2238 FFiilleedd 1122//0213//1144 PPaaggee 24 ooff 57

CCaassee 11::1133--vvvv--0000770044--UUNNJJ DDooccuummeenntt 2238 FFiilleedd 1122//0213//1144 PPaaggee 35 ooff 57

CCaassee 11::1133--vvvv--0000770044--UUNNJJ DDooccuummeenntt 2238 FFiilleedd 1122//0213//1144 PPaaggee 46 ooff 57

CCaassee 11::1133--vvvv--0000770044--UUNNJJ DDooccuummeenntt 2238 FFiilleedd 1122//0213//1144 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00704-1
Date issued/filed: 2015-06-08
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 5/15/2015) regarding 31 DECISION Fees Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
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Case 1:13-vv-00704-UNJ Document 34 Filed 06/08/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-704
Filed: May 15, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED
DAVID ALLEN, *
* Special Master Hamilton-Fieldman
Petitioner, *
v. * Attorneys’ Fees and Costs; Reasonable
* Amount Requested to which Respondent
SECRETARY OF HEALTH * Does Not Object.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Isaiah Kalinowski, Maglio, Christopher and Toale, PA, Washington, DC, for Petitioner.
Glenn MacLeod, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On September 19, 2013, David Allen (“Petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006).
Petitioner alleged that he suffered from Guillain-Barré syndrome (“GBS”) as a result of the
administration of an influenza (“flu”) vaccine on November 16, 2011. The undersigned issued a
decision awarding entitlement on December 1, 2014.
On May 14, 2015, Petitioner filed a Stipulation of Fact Concerning Attorneys’ Fees and
Costs. Pursuant to their Stipulation, the parties have agreed to an award of $20,000.00 in
attorneys’ fees and costs. Id. In accordance with General Order Number 9, Petitioner and his
counsel represent that Petitioner has not personally incurred any expenses in pursuit of this
claim. See Petitioner’s Statement Regarding Fees and Costs, filed May 14, 2015.
1 The undersigned intends to post this unpublished 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)). As provided by Vaccine Rule
18(b), each party has 14 days within which to file a motion for redaction “of any information furnished by
that party (1) that is trade secret or commercial or financial information and is privileged or confidential,
or (2) that are medical files and similar files the disclosure of which would constitute a clearly
unwarranted invasion of privacy.” In the absence of such motion, the entire 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. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to individual
sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:13-vv-00704-UNJ Document 34 Filed 06/08/15 Page 2 of 2
The undersigned finds 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 reasonable and
appropriate. Accordingly, the undersigned hereby awards the amount of $20,000.00, in the
form of a check made payable jointly to Petitioner and Petitioner’s counsel, Isaiah
Kalinowski, of the law firm of Maglio, Christopher & Toale, 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/ Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2