Christopher Leumas v. HHS - Influenza, acute inflammatory demyelinating polyneuropathy (2015)
Case summary [AI summaries can sometimes make mistakes]
Christopher Leumas filed a petition on October 17, 2012, alleging that an influenza (flu) vaccination he received on November 14, 2011 caused him to develop acute inflammatory demyelinating polyneuropathy (AIDP), with vaccine-related injuries lasting more than six months. Respondent denied that the flu vaccine caused petitioner's alleged injuries or any other injury.
Nonetheless, both parties agreed in a stipulation filed April 13, 2015 to settle the case. Special Master Corcoran found the stipulation reasonable and adopted it as the decision of the Court.
Petitioner received a lump sum of $206,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). On June 26, 2015, the parties filed a stipulation of attorneys' fees and costs.
Special Master Corcoran awarded $39,704.08, payable jointly to petitioner and his counsel, Anne Toale of Maglio Christopher and Toale, PA. Petitioner had not personally incurred any out-of-pocket litigation expenses.
Theory of causation
Flu Nov 14, 2011 → AIDP. Stipulation Apr 13, 2015; SM Corcoran. $206,000. Fees $39,704.08 (Toale, Maglio Christopher & Toale, Sarasota FL).
Source PDFs
USCOURTS-cofc-1_12-vv-00704