VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00791
Package ID: USCOURTS-cofc-1_13-vv-00791
Petitioner: Robert Rotterman
Filed: 2013-10-10
Decided: 2014-08-20
Vaccine: Tdap
Vaccination date: 2012-04-17
Condition: transverse myelitis
Outcome: compensated
Award amount USD: 90000

AI-assisted case summary:
Robert Rotterman filed a petition on October 10, 2013, alleging that a Tetanus, Diphtheria, acellular Pertussis (Tdap) vaccination administered on April 17, 2012, caused him to develop transverse myelitis (TM). The respondent, the Secretary of Health and Human Services, denied that the vaccination caused Mr. Rotterman's injury. Despite their differing positions, both parties entered into a joint stipulation on May 28, 2014, to settle the case. Special Master Lisa Hamilton-Fieldman reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Under the terms of the stipulation, Mr. Rotterman was awarded a lump sum of $90,000.00, intended to compensate for all damages available under 42 U.S.C. § 300aa-15(a). Separately, attorneys' fees and costs totaling $16,752.94 were awarded. The decision regarding fees and costs was issued on August 20, 2014, following a stipulation filed on July 29, 2014. Special Master Hamilton-Fieldman found the petition was brought in good faith with a reasonable basis, making the award appropriate under 42 U.S.C. § 300aa-15(b) and (e)(1). The award for fees and costs was made payable jointly to Petitioner and his counsel, Isaiah Kalinowski of Maglio, Christopher & Toale, PA, and was to be forwarded to their main office. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the precise mechanism of causation.

Theory of causation field:
Petitioner Robert Rotterman alleged that a Tdap vaccination received on April 17, 2012, caused him to develop transverse myelitis (TM). Respondent denied causation. The parties reached a joint stipulation on May 28, 2014, to settle the claim, which Special Master Lisa Hamilton-Fieldman adopted. The stipulation resulted in an award of $90,000.00 for all damages under 42 U.S.C. § 300aa-15(a). Attorneys' fees and costs of $16,752.94 were awarded separately on August 20, 2014, based on a stipulation filed July 29, 2014. Petitioner's counsel was Isaiah Kalinowski of Maglio, Christopher & Toale, PA. Respondent's counsel was Lindsay Corliss of the U.S. Department of Justice. The public decision does not detail the specific medical mechanism of injury or name any medical experts.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00791-0
Date issued/filed: 2014-06-18
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/28/2014) regarding 17 DECISION Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:13-vv-00791-UNJ Document 21 Filed 06/18/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-791V
(E-Filed: May 28, 2014)
* * * * * * * * * * * * * * *
ROBERT ROTTERMAN, * UNPUBLISHED
*
Petitioner, * Special Master
* Hamilton-Fieldman
v. *
* Tetanus, Diphtheria, acellular Pertussis
SECRETARY OF HEALTH AND * (“Tdap”) Vaccine; Transverse Myelitis;
HUMAN SERVICES, * Decision; Stipulation.
*
Respondent. * .
* * * * * * * * * * * * * * *
Isaiah Kalinowski, Maglio, Christopher & Toale, Washington, DC, for Petitioner.
Lindsay Corliss, United States Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On October 10, 2013, Petitioner, Robert Rotterman, filed a petition seeking
compensation under the National Vaccine Injury Compensation Program (“the Vaccine
Program”). Petitioner alleged that he was injured by the administration of a Tetanus,
Diphtheria, acellular Pertussis vaccine (“Tdap”) on April 17, 2012, and that he thereafter
suffered transverse myelitis (“TM”). Petitioner alleged that this condition was caused-in-
1 Because this unpublished decision contains a reasoned explanation for the
undersigned’s action in this case, the undersigned intends to post this 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 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.
1

Case 1:13-vv-00791-UNJ Document 21 Filed 06/18/14 Page 2 of 7
fact by his Tdap vaccination.2
Respondent denies that Petitioner’s vaccination caused his injury. Nonetheless,
both parties, while maintaining their above stated positions, agreed in a Stipulation, filed
May 28, 2014, (“Stipulation”) that the issues before them can be settled and that a
decision should be entered awarding Petitioner compensation.
The undersigned finds said stipulation reasonable and adopts it as the decision of
the Court in awarding damages, on the terms set forth therein.
The stipulation awards:
A lump sum of $90,000.00, 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) to which Petitioner would be
entitled.
Stipulation ¶ 8.
The undersigned approves the requested amounts for Petitioner’s compensation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court is directed to enter judgment herewith.3
IT IS SO ORDERED.
s/Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
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.A. ' 300aa-10-' 300aa-34 (West 1991 & Supp. 2002)
(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.
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-00791-1
Date issued/filed: 2014-08-20
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 07/30/2014) regarding 23 DECISION Fees Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:13-vv-00791-UNJ Document 26 Filed 08/20/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-791V
(E-Filed: July 30, 2014)
* * * * * * * * * * * * * * *
ROBERT ROTTERMAN, * UNPUBLISHED
*
*
Petitioner, * Special Master
* Hamilton-Fieldman
v. *
* Decision on Attorneys’ Fees and Costs.
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. * .
* * * * * * * * * * * * * * *
Isaiah Kalinowski, Maglio, Christopher & Toale, PA, Washington, DC, for Petitioner.
Lindsay Corliss, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION1 (ATTORNEY FEES AND COSTS)
In this case under the National Vaccine Injury Compensation Program,2 the
undersigned issued a decision on May 28, 2014. On July 29, 2014, the parties filed a
stipulation concerning attorneys’ fees and costs in this matter. The parties’ stipulation
requests a total payment of $16,752.94, representing total attorneys’ fees and costs.
Pursuant to General Order #9, Petitioner stated that he incurred no out-of-pocket costs.
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 request 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.” Otherwise, “the entire” decision will be available to
the public. Id.
2 The applicable statutory provisions defining the program are found at 42 U.S.C.
§ 300aa-10 et seq. (2006).
1

Case 1:13-vv-00791-UNJ Document 26 Filed 08/20/14 Page 2 of 2
I find 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, I hereby award the amount of $16,752.94,
in the form of a check made payable jointly to Petitioner and Petitioner’s counsel,
Isaiah Kalinowski, Esq., forwarded to the main office of Maglio, Christopher &
Toale, located at 1605 Main Street, Suite 710, Sarasota, Florida 34236.
In the absence of a timely-filed motion for review filed pursuant to Appendix B of
the Rules of the U.S. Court of Federal Claims, the clerk of the court shall enter judgment
in accordance herewith.
IT IS SO ORDERED.
s/Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
2