VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00704
Package ID: USCOURTS-cofc-1_12-vv-00704
Petitioner: Christopher Leumas
Filed: 2012-10-17
Decided: 2015-07-28
Vaccine: influenza
Vaccination date: 2011-11-14
Condition: acute inflammatory demyelinating polyneuropathy
Outcome: compensated
Award amount USD: 206000

AI-assisted case summary:
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 field:
Flu Nov 14, 2011 → AIDP. Stipulation Apr 13, 2015; SM Corcoran. $206,000. Fees $39,704.08 (Toale, Maglio Christopher & Toale, Sarasota FL).

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_12-vv-00704-0
Date issued/filed: 2015-07-28
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 07/01/2015) Regarding 51 DECISION Fees Stipulation Signed by Special Master Brian H. Corcoran. (ay) Copy to parties.
--------------------------------------------------------------------------------
Case 1:12-vv-00704-UNJ Document 55 Filed 07/28/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-704V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
CHRISTOPHER LEUMAS, * Filed: July 1, 2015
*
* Decision by Stipulation;
Petitioner, * Attorney’s Fees and Costs
*
v. *
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Anne Toale, Maglio Christopher and Toale, PA, Sarasota, FL, for Petitioner.
Althea Davis, U.S. Dep’t of Justice, Washington, DC, for Respondent.
ATTORNEY’S FEES AND COSTS DECISION1
On October 17, 2012, Christopher Leumas filed a petition seeking compensation under the
National Vaccine Injury Compensation Program.2 ECF No. 1. Thereafter, on April 13, 2015, the
parties filed a stipulation settling the case and detailing the amount to be awarded to Petitioner.
ECF No. 45. I subsequently issued a decision finding the parties’ stipulation to be reasonable and
granting Petitioner an award as outlined in the stipulation. ECF No. 46.
1 Because this decision contains a reasoned explanation for my actions in this case, I will 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 (Dec. 17, 2002) (current version at 44 U.S.C. § 3501 (2014)). As provided by 42 U.S.C. § 300aa-
12(d)(4)(B), however, the parties may object to the published decision’s inclusion of certain kinds of confidential
information. Specifically, under Vaccine Rule 18(b), each party has fourteen 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 whole decision will be available to
the public. Id.
2 The National Vaccine Injury Compensation Program comprises Part 2 of the National Childhood Vaccine Injury Act
of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. § 300aa-10 through 34 (2012))
[hereinafter “Vaccine Act” or “the Act”]. Individual sections references hereafter will be to § 300aa of the Act.

Case 1:12-vv-00704-UNJ Document 55 Filed 07/28/15 Page 2 of 2
On June 26, 2015, the parties filed another stipulation, this time regarding attorney’s fees
and costs. ECF No. 50. Petitioner requests reimbursement of attorney’s fees and costs in the
amount of $39,704.08. Id. This amount represents a sum to which Respondent does not object. Id.
In addition, and in compliance with General Order No. 9, Petitioner’s counsel represents that
Petitioner did not personally incurred any expenses in litigating this case. ECF No. 25.
I approve the requested amount for attorney’s fees and costs as reasonable. Accordingly,
an award of $39,704.08 should be made in the form of a check payable jointly to Petitioner and
Petitioner’s counsel, Anne Toale, Esq. Payment of this amounts represents all attorney’s fees and
costs available under 42 U.S.C. § 300aa-15(e). In the absence of a motion for review filed pursuant
to RCFC Appendix B, the clerk of the court SHALL ENTER JUDGMENT in accordance with
the terms of the parties’ stipulation.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately)
a notice renouncing their right to seek review.
2

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DOCUMENT 2: USCOURTS-cofc-1_12-vv-00704-1
Date issued/filed: 2015-07-28
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/15/2015) Regarding 46 DECISION Stipulation (Signed by Special Master Brian H. Corcoran). (ay) Copy to parties.
--------------------------------------------------------------------------------
Case 1:12-vv-00704-UNJ Document 56 Filed 07/28/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-704V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
CHRISTOPHER LEUMAS, * Filed: April 15, 2015
*
* Decision by Stipulation; Damages;
Petitioner, * Influenza (“Flu”) Vaccine;
* Acute Inflammatory Demyelinating
v. * Polyneuropathy (“AIDP”)
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Anne Toale, Maglio Christopher and Toale, PA, Sarasota, FL, for Petitioner.
Althea Davis, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On October 17, 2012, Christopher Leumas filed a petition seeking compensation under the
National Vaccine Injury Compensation Program (the “Vaccine Program”).2 Petitioner alleges that
he developed acute inflammatory demyelinating polyneuropathy (“AIDP”) as a result of receiving
the influenza (“flu”) vaccine on November 14, 2011, and that his vaccine related injuries lasted
more than six months.
1 Because this decision contains a reasoned explanation for my action in this case, it will be posted on the website of
the United States Court of Federal Claims, 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 42 U.S.C. §
300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To
do so, Vaccine Rule 18(b) provides that each party has fourteen (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 decision will be available to the public. Id.
2 The National Vaccine Injury Compensation Program comprises 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. § 300aa-10 through 34 (2006))
[hereinafter “Vaccine Act” or “the Act”]. Individual sections references hereafter will be to § 300aa of the Act.

Case 1:12-vv-00704-UNJ Document 56 Filed 07/28/15 Page 2 of 7
Respondent denies that the flu vaccine caused Petitioner’s alleged injuries or any other
injury or his current condition. Nonetheless both parties, while maintaining their above-stated
positions, agreed in a stipulation (filed April 13, 2015) that the issues before them could be settled,
and that a decision should be entered awarding Petitioner compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation
(as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the
terms set forth therein.
The stipulation awards:
 A lump sum of $206,000.00 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).
I approve a Vaccine Program award in the requested amounts set forth above to be made
to Petitioner. 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/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately)
a notice renouncing their right to seek review.
2

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