VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00775
Package ID: USCOURTS-cofc-1_13-vv-00775
Petitioner: Sherry G. Alexander
Filed: 2013-10-07
Decided: 2014-09-02
Vaccine: trivalent influenza
Vaccination date: 2010-09-23
Condition: neurological injury
Outcome: compensated
Award amount USD: 40000

AI-assisted case summary:
Sherry G. Alexander filed a petition on October 7, 2013, alleging that a trivalent influenza ("flu") vaccine she received on September 23, 2010, caused her to develop a neurological injury with residual effects lasting more than six months. Respondent denied that the flu vaccine caused petitioner's alleged neurological injury or any other injury. The parties, represented by counsel Isaiah Kalinowski for the petitioner and Lindsay Corliss for the respondent, agreed to a joint stipulation filed on June 18, 2014. Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Petitioner was awarded a lump sum of $40,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Attorneys' fees and costs in the amount of $13,228.00 were awarded separately, payable to petitioner and her attorney, Isaiah Kalinowski, as per a subsequent stipulation filed on July 22, 2014, and approved by Special Master Moran on September 2, 2014. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.

Theory of causation field:
Petitioner Sherry G. Alexander alleged that a trivalent influenza vaccine administered on September 23, 2010, caused a neurological injury with residual effects lasting more than six months. Respondent denied causation. The parties entered into a joint stipulation on June 18, 2014, which was adopted by Special Master Christian J. Moran. Petitioner received a lump sum award of $40,000.00 for all damages under 42 U.S.C. § 300aa-15(a). Attorneys' fees and costs of $13,228.00 were awarded separately. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, relying instead on the stipulation for resolution.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00775-0
Date issued/filed: 2014-07-15
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/20/2014) regarding 32 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00775-UNJ Document 36 Filed 07/15/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
SHERRY G. ALEXANDER, * No. 13-775V
Petitioner, * Special Master Moran
*
v. * Filed: June 20, 2014
*
SECRETARY OF HEALTH * Stipulation; Trivalent influenza
AND HUMAN SERVICES, * (“flu”) vaccine; neurological injury.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Isaiah Kalinowski, Maglio, Christopher and Toale, Washington, DC, for Petitioner;
Lindsay Corliss, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On June 18, 2014, respondent filed a joint stipulation concerning the petition
for compensation filed by Sherry Alexander on October 7, 2013. In her petition,
Ms. Alexander alleged that the trivalent 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 September 23, 2010, caused her to develop a neurological
injury. Petitioner further alleges that she 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 as a result of her condition.
Respondent denies that the flu immunization is the cause of petitioner’s
alleged neurological injury, and/or any other injury.
Nevertheless, the parties agree to the joint stipulation, attached hereto as
“Appendix A.” The undersigned finds said stipulation reasonable and adopts it as
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-00775-UNJ Document 36 Filed 07/15/14 Page 2 of 7
the decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum of $40,000.00 in the form of a check payable to petitioner,
Sherry Alexander. 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 13-775V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6353.
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

CCaassee 11::1133--vvvv--0000777755--UUNNJJ DDooccuummeenntt 3316 FFiilleedd 0067//1185//1144 PPaaggee 13 ooff 57

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CCaassee 11::1133--vvvv--0000777755--UUNNJJ DDooccuummeenntt 3316 FFiilleedd 0067//1185//1144 PPaaggee 35 ooff 57

CCaassee 11::1133--vvvv--0000777755--UUNNJJ DDooccuummeenntt 3316 FFiilleedd 0067//1185//1144 PPaaggee 46 ooff 57

CCaassee 11::1133--vvvv--0000777755--UUNNJJ DDooccuummeenntt 3316 FFiilleedd 0067//1185//1144 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00775-1
Date issued/filed: 2014-09-02
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 7/29/2014) regarding 38 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00775-UNJ Document 41 Filed 09/02/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
SHERRY G. ALEXANDER, * No. 13-775V
Petitioner, * Special Master Moran
*
v. * Filed: July 29, 2014
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which
Respondent. * respondent does not object.
* * * * * * * * * * * * * * * * * * * * *
Isaiah Kalinowski, Maglio, Christopher and Toale, Washington, DC, for Petitioner;
Lindsay Corliss, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On July 22, 2014, 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 $13,228.00, an amount to which respondent does not object.
The Court awards this amount.
On October 7, 2013, Sherry Alexander filed a petition for compensation
alleging that the trivalent influenza (“flu”) vaccine, which she received on
September 23, 2010, caused her to develop a neurological injury. Petitioner
received compensation based upon the parties’ stipulation. Decision, filed June 20,
2014. Because petitioner received compensation, she is entitled to an award of
attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e).
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 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-00775-UNJ Document 41 Filed 09/02/14 Page 2 of 2
Petitioner seeks a total of $13,228.00 in attorneys’ fees and costs for her
counsel. Additionally, in compliance with General Order No. 9, petitioner states
that she 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 $13,228.00 in the form of a check made payable to
petitioner and petitioner’s attorney, Isaiah Kalinowski, 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-
6353.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2