VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00694
Package ID: USCOURTS-cofc-1_14-vv-00694
Petitioner: Michael Phillips
Filed: 2014-08-01
Decided: 2016-04-27
Vaccine: influenza
Vaccination date: 2012-12-21
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 85000

AI-assisted case summary:
Michael Phillips filed a petition for compensation under the National Vaccine Injury Compensation Program on August 1, 2014. He alleged that he suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine he received on December 21, 2012, and that he experienced residual effects of the GBS for more than six months. The respondent denied that the vaccination caused Mr. Phillips' GBS or any other injury. Despite the respondent's denial, the parties reached a settlement agreement. On May 21, 2015, Chief Special Master Denise Kathryn Vowell issued a decision awarding Mr. Phillips $85,000.00 as compensation for all damages, payable to petitioner. This amount represented compensation for all damages available under 42 U.S.C. § 300aa-15(a). Subsequently, on November 19, 2015, the parties filed a stipulation for attorneys' fees and costs. On April 27, 2016, Chief Special Master Nora Beth Dorsey issued a decision awarding $15,374.76 for attorneys' fees and costs, payable jointly to Mr. Phillips and his counsel, Isaiah Kalinowski, Esq. of Maglio, Christopher and Toale, PA. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation.

Theory of causation field:
Petitioner Michael Phillips alleged that he suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine received on December 21, 2012, and experienced residual effects for more than six months. Respondent denied causation. The parties reached a settlement. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. A decision on May 21, 2015, by Chief Special Master Denise Kathryn Vowell awarded $85,000.00 in compensation for all damages. A subsequent decision on April 27, 2016, by Chief Special Master Nora Beth Dorsey awarded $15,374.76 for attorneys' fees and costs, payable jointly to petitioner and counsel Isaiah Kalinowski, Esq.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00694-0
Date issued/filed: 2015-06-11
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/21/2015) regarding 25 DECISION Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-00694-UNJ Document 29 Filed 06/11/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-694V
Filed: May 21, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MICHAEL PHILLIPS, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza Vaccine or Flu Vaccine;
* Guillain-Barré Syndrome (GBS);
SECRETARY OF HEALTH * Special Processing Unit
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Isaiah Kalinowski, Esq., Maglio, Christopher and Toale, PA (DC), Washington, DC, for
petitioner.
Claudia Gangi, Esq., U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Vowell, Chief Special Master:
On August 1, 2014, Michael Phillips filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the
“Vaccine Act” or “Program”]. Petitioner alleged that he suffered Guillain-Barré syndrome
(GBS) resulting from the influenza vaccine he received on December 21, 2012.
Petition, ¶¶ 2, 16; Stipulation, filed May 21, 2015, ¶¶ 2, 4. Petitioner further alleged that
he experienced the residual effects of GBS for more than six months, has filed no other
action for this injury, and has received no prior award or settlement. Petition, ¶¶ 15, 19-
20; Stipulation, ¶¶ 4-5. Respondent denies that the influenza vaccination caused
petitioner’s GBS or any other injury. Stipulation, ¶ 6.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to post it 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)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to
redact medical or other information, the disclosure of which would constitute an unwarranted invasion of
privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such
material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2006).

Case 1:14-vv-00694-UNJ Document 29 Filed 06/11/15 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On
May 21, 2015, the parties filed a joint stipulation agreeing to settle this case and
describing the settlement terms.
Respondent agrees to pay petitioner a lump sum of $85,000.00 in the form of a
check payable to petitioner. Stipulation, ¶ 8. This amount represents compensation for
all damages that would be available under 42 U.S.C. § 300aa-15(a). Id.
I adopt the parties’ stipulation attached hereto, and award compensation in the
amount and on the terms set forth therein. In the absence of a motion for review filed
pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in
accordance with this decision.3
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each filing a notice renouncing
the right to seek review by a United States Court of Federal Claims judge.
2

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CCaassee 11::1144--vvvv--0000669944--UUNNJJ DDooccuummeenntt 2249 FFiilleedd 0056//2111//1155 PPaaggee 24 ooff 57

CCaassee 11::1144--vvvv--0000669944--UUNNJJ DDooccuummeenntt 2249 FFiilleedd 0056//2111//1155 PPaaggee 35 ooff 57

CCaassee 11::1144--vvvv--0000669944--UUNNJJ DDooccuummeenntt 2249 FFiilleedd 0056//2111//1155 PPaaggee 46 ooff 57

CCaassee 11::1144--vvvv--0000669944--UUNNJJ DDooccuummeenntt 2249 FFiilleedd 0056//2111//1155 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00694-1
Date issued/filed: 2016-04-27
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/07/2015) regarding 34 DECISION Fees Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:14-vv-00694-UNJ Document 37 Filed 04/27/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-0694V
Filed: December 7, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
MICHAEL PHILLIPS, *
*
Petitioner, *
v. *
* Attorneys’ Fees and Costs; Stipulation
SECRETARY OF HEALTH AND * Special Processing Unit (“SPU”)
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Isaiah Kalinowski, Esq., Maglio, Christopher and Toale, PA, Washington, DC, for
petitioner.
Claudia Gangi, Esq., U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
Dorsey, Chief Special Master:
On August 1, 2014, Michael Phillips (“petitioner”) filed a petition for compensation
under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et
seq.,2 [the “Vaccine Act” or “Program”]. Petitioner alleged that he suffered Guillain-
Barré syndrome (GBS) resulting from the influenza vaccine he received on December
21, 2012. Petition at ¶¶ 2, 16. On May 21, 2015, a decision was issued awarding
compensation to petitioner based on the parties’ stipulation.
On November 19, 2015, the parties filed a Stipulation of Fact Concerning
Attorneys’ Fees and Costs. According to the stipulation, the parties stipulate to an
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
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)). In accordance with Vaccine Rule 18(b), petitioners have 14 days to identify
and move to redact medical or other information, the disclosure of which would constitute an unwarranted
invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will
redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2006).

Case 1:14-vv-00694-UNJ Document 37 Filed 04/27/16 Page 2 of 2
award to petitioner of attorneys’ fees and costs in the amount of $15,374.76. In
compliance with General Order #9, petitioner has filed a statement indicating he
incurred no out-of-pocket expenses.3
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 the
lack of any objection by respondent, the undersigned grants the request for approval
and payment of attorneys’ fees and costs.
Accordingly, the undersigned awards the total of $15,374.76,4 as a lump
sum in the form of a check jointly payable to petitioner and petitioner’s counsel,
Isaiah Kalinowski, Esq.
The clerk of the court shall enter judgment in accordance herewith.5
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Petitioner’s counsel also represented that petitioner incurred no out-of-pocket expenses. Stipulation,
filed Nov. 19, 2015, at ¶ 3.
4 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all
charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered.
Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including
costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS, 924
F.2d 1029 (Fed. Cir.1991).
5 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review.
See Vaccine Rule 11(a).
2