VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00756
Package ID: USCOURTS-cofc-1_13-vv-00756
Petitioner: Kim M. Wides
Filed: 2013-09-27
Decided: 2014-10-24
Vaccine: MMR
Vaccination date: 2012-09-10
Condition: demyelinating polyneuropathy
Outcome: compensated
Award amount USD: 225000

AI-assisted case summary:
Kim M. Wides filed a petition on September 27, 2013, under the National Vaccine Injury Compensation Program, alleging that vaccinations received on September 10, 2012, and October 10, 2012, caused her to develop vaccine-related demyelinating polyneuropathy with residual effects lasting more than six months. The petition stated that on September 10, 2012, Ms. Wides received the Adacel (Tetanus, Diphtheria and Acellular Pertussis - Tdap) vaccination and the first of two Measles, Mumps, and Rubella (MMR) vaccinations. On October 10, 2012, she received a second MMR vaccination. All vaccinations were administered in Columbia Falls, Montana. Respondent, the Secretary of Health and Human Services, denied that the vaccines caused the petitioner's alleged condition. Despite this denial, the parties reached a joint stipulation on October 2, 2014, to settle the case. Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Petitioner was awarded a lump sum of $225,000.00, intended to compensate for all damages available under 42 U.S.C. § 300aa-15(a). Separately, attorneys' fees and costs totaling $23,000.00 were awarded to petitioner's counsel, Isaiah Richard Kalinowski of Maglio, Christopher & Toale, PA. The public decision does not describe the specific onset of symptoms, clinical details of the demyelinating polyneuropathy, diagnostic tests performed, or treatments received. The specific medical experts consulted or the mechanism of causation were not detailed in the provided public text.

Theory of causation field:
Petitioner Kim M. Wides alleged that a Tdap vaccine and two MMR vaccines administered on September 10, 2012, and October 10, 2012, caused her to develop demyelinating polyneuropathy and its sequelae, with residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation on October 2, 2014, agreeing to a settlement. Special Master Nora Beth Dorsey adopted the stipulation as the decision of the Court. Petitioner was awarded $225,000.00 in compensation and $23,000.00 for attorneys' fees and costs. The public decision does not detail the specific mechanism of causation, expert testimony, or the medical evidence considered, relying instead on the parties' stipulation for resolution.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00756-0
Date issued/filed: 2014-09-29
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/08/2014) regarding 28 DECISION Stipulation/Proffer, Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00756-UNJ Document 32 Filed 09/29/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: September 8, 2014
* * * * * * * * * * * * * *
KIM M. WIDES, * UNPUBLISHED
*
* No. 13-756V
Petitioner, *
* Special Master Dorsey
v. *
* Attorneys’ Fees and Costs;
SECRETARY OF HEALTH * Reasonable Amount Requested to which
AND HUMAN SERVICES, * Respondent Does Not Object.
*
Respondent. *
*
* * * * * * * * * * * * *
Isaiah Richard Kalinowski, Maglio, Christopher & Toale, Washington, DC, for petitioner.
Gordon Elliot Shemin, U.S. Department of Justice, Washington, D.C., for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On September 27, 2013, Kim Wides (“petitioner”) filed a petition for compensation
under the National Vaccine Injury Compensation Program (“Vaccine Program”)2 alleging that as
a result of receiving a TDAP vaccine and MMR vaccine on September 10, 2012, and a second
MMR vaccine on October 10, 2012, she developed a vaccine-related demyelinating
polyneuropathy and its sequelae.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this decision 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, 116 Stat. 2899,
2913 (Dec. 17, 2002). 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). Otherwise, 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 “Act”). All citations in this decision to
individual sections of the Act are to 42 U.S.C.A. § 300aa.
1

Case 1:13-vv-00756-UNJ Document 32 Filed 09/29/14 Page 2 of 2
On September 8, 2014, the parties filed a Stipulation of Fact Concerning Attorneys’ Fees
and Costs. According to the stipulation, respondent does not object to a total award of attorneys’
fees and costs in the amount of $23,000.00. In accordance with General Order #9, petitioner
filed a statement stating that she incurred no out-of-pocket expenses in pursuing her petition.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. §
300 aa-15(e). Based on the reasonableness of petitioner’s request and respondent’s counsel’s
lack of objection to petitioner’s counsel’s fee request, the undersigned GRANTS petitioner’s
motion for approval and payment of attorneys’ fees and costs.
Accordingly, an award should be made as follows:
in the form of a check jointly payable to petitioner and petitioner’s counsel, Isaiah
Kalinowski, of the law firm of Maglio, Christopher & Toale in the amount of
$23,000.00.
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/Nora Beth Dorsey
Nora Beth Dorsey
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-00756-1
Date issued/filed: 2014-10-24
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/03/2014) regarding 36 DECISION Stipulation/Proffer, Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:13-vv-00756-UNJ Document 40 Filed 10/24/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-756V
Filed: October 3, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
KIM M. WIDES, *
*
* Special Master Dorsey
Petitioner, *
*
v. * Joint Stipulation on Damages;
* Tetanus, Diphtheria and Acellular
SECRETARY OF HEALTH * Pertussis (Tdap) vaccine; Measles,
AND HUMAN SERVICES, * Mumps, and Rubella ("MMR")
* vaccine; demyelinating
Respondent. * polyneuropathy
* * * * * * * * * * * * * * * *
Isaiah Richard Kalinowski, Maglio, Christopher & Toale, PA, Washington, DC, petitioner.
Gordon Elliot Shemin, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On September 27, 2013, Kimberly Wides (“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 on September 10, 2012, she was administered the Adacel (Tetanus,
Diphtheria and Acellular Pertussis (TDaP)) vaccination in her left deltoid, and the first (of two),
Measles, Mumps, and Rubella (MMR) vaccinations in her right deltoid. On October 10, 2012,
petitioner was administered the second MMR vaccination in her left deltoid. All three
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-00756-UNJ Document 40 Filed 10/24/14 Page 2 of 2
vaccinations were administered in Columbia Falls (Flathead County), Montana. Petitioner
alleges that as a result of these vaccines, she suffers from vaccine-related demyelinating
polyneuropathy and its sequelae. Petitioner further alleged that she experienced the residual
effects of these injuries for more than six months.
On October 2, 2014, the parties filed a stipulation, stating that a decision should be
entered awarding compensation.
Respondent denies that the vaccines are the cause of petitioner's alleged demyelinating
polyneuropathy, 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 stipulated that petitioner shall receive the following compensation:
A lump sum of $225,000.00, 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/ Nora Beth Dorsey
Nora Beth Dorsey
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