VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00322
Package ID: USCOURTS-cofc-1_13-vv-00322
Petitioner: Alfonso Pacheco
Filed: 2013-05-07
Decided: 2016-01-20
Vaccine: influenza
Vaccination date: 2010-10-20
Condition: Guillain-Barré syndrome (“GBS”), and/or chronic inflammatory demyelinating polyneuropathy (“CIDP”), and/or any other related neurological injury
Outcome: compensated
Award amount USD: 475000

AI-assisted case summary:
Alfonso Pacheco filed a petition on May 24, 2013, alleging that an influenza (flu) vaccination he received on October 20, 2010 caused him to develop Guillain-Barré syndrome (GBS) and chronic inflammatory demyelinating polyneuropathy (CIDP) and that he experienced the residual effects of these injuries for more than six months. Respondent denied that the flu vaccine caused petitioner's GBS, CIDP, or any other injury.

Nonetheless, both parties agreed to a joint stipulation filed March 31, 2015 to settle the case. Special Master Moran found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $475,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The parties subsequently agreed to attorneys' fees and costs of $42,200.00, payable jointly to petitioner and his counsel, Anne Carrion Toale of Maglio Christopher & Toale PA. Petitioner had not personally incurred any out-of-pocket litigation expenses.

Theory of causation field:
Flu Oct 20, 2010 → GBS/CIDP (residual >6 months). Joint stipulation Mar 31, 2015; SM Moran. Comp $475,000. Fees $42,200 (Toale, Maglio Christopher & Toale PA, Sarasota FL).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00322-0
Date issued/filed: 2015-10-01
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/08/2015) regarding 66 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00322-UNJ Document 70 Filed 10/01/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
ALFONSO PACHECO, * No. 13-322V
* Special Master Moran
Petitioner, *
* Filed: September 8, 2015
v. *
* Stipulation; influenza (“flu”) vaccine;
SECRETARY OF HEALTH * Guillain-Barré Syndrome (“GBS”);
AND HUMAN SERVICES, * and/or chronic inflammatory
* demyelinating polyneuropathy
Respondent. * (“CIDP”).
* * * * * * * * * * * * * * * * * * * * *
Anne Toale, Maglio, Christopher & Toale, P.A., Sarasota, FL, for Petitioner;
Amy Kokot, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On September 4, 2015, respondent filed a joint stipulation concerning the
petition for compensation filed by Alfonso Pacheco on May 7, 2013. In his
petition, Mr. Pacheco alleged that the influenza (“flu”) vaccine, which is contained
in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he
received on October 20, 2010, caused him to develop Guillain-Barré syndrome
(“GBS”), and/or chronic inflammatory demyelinating polyneuropathy (“CIDP”),
and/or any other related neurological injury. Petitioner further alleges that he
experienced the residual effects of these injuries 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 his condition.
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 1:13-vv-00322-UNJ Document 70 Filed 10/01/15 Page 2 of 7
Respondent denies that the flu vaccine administered on or about October 20,
2010, is the cause of petitioner’s alleged GBS and/or CIDP and/or any other injury
or his current condition.
Nevertheless, the parties agree to the joint stipulation, attached hereto as
“Appendix A.” The undersigned finds said stipulation to be reasonable and adopts
it as the decision of the Court in awarding damages on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum of $475,000.00 in the form of a check payable to petitioner,
Alfonso Pacheco. 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 13-322V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Shannon Proctor, 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::1133--vvvv--0000332222--UUNNJJ DDooccuummeenntt 6750 FFiilleedd 0190//0041//1155 PPaaggee 13 ooff 57

CCaassee 11::1133--vvvv--0000332222--UUNNJJ DDooccuummeenntt 6750 FFiilleedd 0190//0041//1155 PPaaggee 24 ooff 57

CCaassee 11::1133--vvvv--0000332222--UUNNJJ DDooccuummeenntt 6750 FFiilleedd 0190//0041//1155 PPaaggee 35 ooff 57

CCaassee 11::1133--vvvv--0000332222--UUNNJJ DDooccuummeenntt 6750 FFiilleedd 0190//0041//1155 PPaaggee 46 ooff 57

CCaassee 11::1133--vvvv--0000332222--UUNNJJ DDooccuummeenntt 6750 FFiilleedd 0190//0041//1155 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00322-1
Date issued/filed: 2016-01-20
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/01/2015) regarding 71 Stipulation for Fees. Signed by Special Master Christian J. Moran. (SP) Copy to parties.
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Case 1:13-vv-00322-UNJ Document 76 Filed 01/20/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * *
ALFONSO PACHECO, * No. 13-322V
* Special Master Christian J. Moran
Petitioner, *
v. * Filed: December 1, 2015
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which respondent
* does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * *
Anne C. Toale, Maglio, Christopher & Toale, PA, Sarasota, FL, for Petitioner;
Amy P. Kokot, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On December 1, 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 his
application to request $42,200.00, an amount to which respondent does not object.
The Court awards this amount.
On May 7, 2013, Alfonso Pacheco filed a petition for compensation alleging
that the influenza (“flu”) vaccine, which he received on October 20, 2010, caused
him to suffer Guillain-Barré Syndrome (“GBS”) and/or chronic inflammatory
demyelinating polyneuropathy (“CIDP”). Petitioner received compensation based
upon the parties’ stipulation. Decision, issued September 8, 2015. Because
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 ruling 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 1:13-vv-00322-UNJ Document 76 Filed 01/20/16 Page 2 of 2
petitioner received compensation, he is entitled to an award of attorneys’ fees and
costs. 42 U.S.C. § 300aa-15(e).
Petitioner seeks a total of $42,200.00 in attorneys’ fees and costs. In
compliance with General Order No. 9, petitioner has filed a statement indicating
that while represented by Maglio, Christopher & Toale, PA Law Firm, he did not
incur costs related to the litigation of this matter. 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 $42,200.00 in the form of a check made payable to
petitioner and petitioner’s attorney, Anne Carrion Toale, Esq., of
the law firm Maglio, Christopher & Toale, PA, 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, Shannon Proctor, at (202)
357-6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2