VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00692 Package ID: USCOURTS-cofc-1_14-vv-00692 Petitioner: Patricia Trujillo Filed: 2014-08-01 Decided: 2015-07-21 Vaccine: influenza Vaccination date: 2013-01-14 Condition: Guillain-Barré Syndrome (“GBS”) Outcome: compensated Award amount USD: 148290 AI-assisted case summary: Patricia Trujillo filed a petition on August 1, 2014, alleging that the influenza vaccine she received on January 14, 2013, caused her to suffer from Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Ms. Trujillo's GBS or any other injury. Despite the denial, the parties reached a stipulation for compensation. Special Master Christian J. Moran adopted the stipulation, awarding Ms. Trujillo a lump sum of $130,000.00 for all damages. Subsequently, on June 18, 2015, petitioner filed a stipulation for attorneys' fees and costs. Respondent did not object to the requested amount of $18,290.00. The Special Master awarded this amount for attorneys' fees and litigation costs, bringing the total compensation to $148,290.00. Petitioner was represented by Isaiah Kalinowski of Maglio, Christopher & Toale, and respondent was represented by Alexis Babcock of the United States Department of Justice. Theory of causation field: Petitioner Patricia Trujillo alleged that the influenza vaccine received on January 14, 2013, caused Guillain-Barré Syndrome (GBS), which is listed in the Vaccine Injury Table. Petitioner further alleged residual effects lasting more than six months. Respondent denied causation. The parties reached a stipulation for compensation, which was adopted by Special Master Christian J. Moran. Petitioner was awarded a lump sum of $130,000.00 for damages and $18,290.00 for attorneys' fees and costs, totaling $148,290.00. Petitioner was represented by Isaiah Kalinowski, and respondent by Alexis Babcock. The public decision does not describe the specific mechanism of causation, expert testimony, or detailed clinical information regarding the onset, symptoms, tests, or treatments. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00692-0 Date issued/filed: 2015-04-15 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/19/2015) regarding 26 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00692-UNJ Document 30 Filed 04/15/15 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * PATRICIA TRUJILLO, * * No. 14-692V Petitioner, * Special Master Moran * v. * Filed: March 19, 2015 * SECRETARY OF HEALTH * Stipulation; influenza vaccine; AND HUMAN SERVICES, * Guillain-Barré Syndrome (“GBS”). Respondent. * * * * * * * * * * * * * * * * * * * * * * Isaiah Kalinowski, Maglio, Christopher & Toale, Washinton, DC, for Petitioner; Alexis Babcock, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On March 17, 2015, respondent filed a joint stipulation concerning the petition for compensation filed by Patricia Trujillo on August 1, 2014. In her petition, Ms. Trujillo alleged that the influenza vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which she received on January 14, 2013, caused her to suffer from Guillain-Barré Syndrome (“GBS”). Petitioner further alleges that she experienced 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 GBS. Respondent denies that petitioner’s GBS was caused-in-fact by her influenza vaccination, and denies that the vaccine caused any other injury or her current condition. 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 1:14-vv-00692-UNJ Document 30 Filed 04/15/15 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 $130,000.00 in the form of a check payable to petitioner, Patricia Trujillo. 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 14-692V according to this decision and the attached stipulation.2 Any questions may be directed to my law clerk, Mary Holmes, at (202) 357- 6360. 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::1144--vvvv--0000669922--UUNNJJ DDooccuummeenntt 2340 FFiilleedd 0034//1175//1155 PPaaggee 13 ooff 57 CCaassee 11::1144--vvvv--0000669922--UUNNJJ DDooccuummeenntt 2340 FFiilleedd 0034//1175//1155 PPaaggee 24 ooff 57 CCaassee 11::1144--vvvv--0000669922--UUNNJJ DDooccuummeenntt 2340 FFiilleedd 0034//1175//1155 PPaaggee 35 ooff 57 CCaassee 11::1144--vvvv--0000669922--UUNNJJ DDooccuummeenntt 2340 FFiilleedd 0034//1175//1155 PPaaggee 46 ooff 57 CCaassee 11::1144--vvvv--0000669922--UUNNJJ DDooccuummeenntt 2340 FFiilleedd 0034//1175//1155 PPaaggee 57 ooff 57 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_14-vv-00692-1 Date issued/filed: 2015-07-21 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 06/23/2015) regarding 33 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00692-UNJ Document 36 Filed 07/21/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * PATRICIA TRUJILLO, * * No. 14-692V Petitioner, * Special Master Moran * v. * Filed: June 23, 2015 * 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 & Toale, Washington, DC, for Petitioner; Alexis Babcock, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION ON FEES AND COSTS1 On June 18, 2015, 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 $18,290.00, an amount to which respondent does not object. The Court awards this amount. On August 1, 2014, Patricia Trujillo filed a petition for compensation alleging that the influenza vaccine, which she received on January 14, 2013, caused her to suffer Guillain-Barré syndrome (“GBS”). Petitioner received compensation based upon the parties’ stipulation. Decision, issued Mar. 19, 2015. 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 1:14-vv-00692-UNJ Document 36 Filed 07/21/15 Page 2 of 2 Petitioner seeks a total of $18,290.00, 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 $18,290.00, 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- 6360. IT IS SO ORDERED. s/ Christian J. Moran Christian J. Moran Special Master 2