VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00755
Package ID: USCOURTS-cofc-1_13-vv-00755
Petitioner: Matthew LaRocco
Filed: 2013-09-27
Decided: 2015-05-12
Vaccine: influenza
Vaccination date: 2011-10-19
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 180000

AI-assisted case summary:
Matthew LaRocco filed a petition on September 27, 2013, alleging that an influenza (flu) vaccination administered on October 19, 2011, caused him to develop Guillain-Barré Syndrome (GBS). The respondent denied that the flu vaccine caused petitioner's GBS or any other injury. The parties reached a tentative agreement, and a stipulation regarding entitlement was to be filed by June 1, 2015. On March 30, 2015, a decision was issued regarding attorneys' fees and costs. Petitioner's counsel, Isaiah R. Kalinowski of Maglio Christopher and Toale, PA, Washington, D.C., and respondent's counsel, Michael P. Milmoe of the United States Department of Justice, Washington, D.C., were involved. Special Master Lisa Hamilton-Fieldman presided over the proceedings. Petitioner's counsel filed a Stipulation of Facts Concerning Attorneys’ Fees and Costs, agreeing to an award of $23,297.48 in attorneys' fees and costs. Special Master Hamilton-Fieldman found the petition was brought in good faith with a reasonable basis and awarded the agreed-upon amount for fees and costs, payable jointly to Petitioner and his counsel. On April 16, 2015, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. Respondent continued to deny causation but agreed to the stipulation. Special Master Hamilton-Fieldman found the stipulation reasonable and adopted it as the decision of the Court. Petitioner was awarded a lump sum of $180,000.00, 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, treatments, or the mechanism of causation. The decision notes that it is unpublished and intended for posting on the United States Court of Federal Claims' website, with provisions for parties to request redaction of sensitive information.

Theory of causation field:
Petitioner Matthew LaRocco alleged that an influenza vaccine administered on October 19, 2011, caused him to develop Guillain-Barré Syndrome (GBS). Respondent denied causation. The parties reached a joint stipulation on damages. Special Master Lisa Hamilton-Fieldman adopted the stipulation as the decision of the Court. Petitioner was awarded $180,000.00 as compensation for all damages available under 42 U.S.C. § 300aa-15(a). Attorneys' fees and costs of $23,297.48 were also awarded. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. Attorneys for Petitioner were Isaiah R. Kalinowski, Maglio Christopher and Toale, PA. Attorney for Respondent was Michael P. Milmoe. The decision was issued on May 12, 2015.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00755-0
Date issued/filed: 2015-04-22
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/30/2015) regarding 37 DECISION Fees Stipulation. Signed by Special Master Lisa Hamilton-Fieldman. (jb) Copy to parties.
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Case 1:13-vv-00755-UNJ Document 46 Filed 04/22/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-755V
Filed: March 30, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED
MATTHEW LAROCCO, *
* Special Master Hamilton-Fieldman
Petitioner, *
v. * Attorneys’ Fees and Costs; Reasonable Amount
* Requested to which Respondent Does Not
SECRETARY OF HEALTH * Object.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * *
Isaiah R. Kalinowski, Maglio Christopher and Toale, PA, Washington, DC, for Petitioner.
Michael P. Milmoe, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On September 27, 2013, Matthew LaRocco (“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”) and that this injury had been caused by an influenza
(“flu”) vaccination received on October 19, 2011. Petition (“Pet”) at 1-2. The parties have reached a
tentative agreement in the case, and a stipulation regarding entitlement will be filed by no later than June
1, 2015.
On March 30, 2015, Petitioner filed a Stipulation of Facts Concerning Attorneys’ Fees and Costs.
Pursuant to their Stipulation, the parties have agreed to an award of $23,297.48 in attorneys’ fees and
costs. In accordance with General Order Number 9, Petitioner represents that he did not personally incur
any expenses in pursuit of this claim.
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-00755-UNJ Document 46 Filed 04/22/15 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. The
undersigned construes this as an application for final attorneys’ fees and costs. Accordingly, the
undersigned hereby awards the amount of $23,297.48, in the form of a check made payable jointly
to Petitioner and Petitioner’s counsel, Isaiah Kalinowski, Esq.
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

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00755-1
Date issued/filed: 2015-05-12
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/17/2015) regarding 42 DECISION Stipulation. Signed by Special Master Lisa Hamilton-Fieldman. (jb) Copy to parties.
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Case 1:13-vv-00755-UNJ Document 48 Filed 05/12/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-755V
Filed: April 17, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
MATTHREW LAROCCO, *
* 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 R. Kalinowski, Maglio Christopher and Toale, PA, Washington, D.C., for Petitioner.
Michael P. Milmoe, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On September 27, 2013, Matthew LaRocco (“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 October 19, 2011. Petition (“Pet”) at 1-2.
On March 30, 2015, the undersigned issued a decision granting Petitioner’s counsel final
attorneys’ fees and costs. On April 16, 2015, the parties filed a stipulation in which they state
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-00755-UNJ Document 48 Filed 05/12/15 Page 2 of 7
that a decision should be entered awarding compensation.
Respondent denies that the Flu vaccine caused Petitioner’s GBS and/or any other 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 $180,000.00, in the form of a check payable to Petitioner. 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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