David D. Leoce v. HHS - Influenza, Guillain-Barré syndrome (“GBS”) (2015)

Filed 2013-10-22Decided 2015-12-16Vaccine Influenza
compensated$96,320

Case summary [AI summaries can sometimes make mistakes]

David D. Leoce filed a petition on October 22, 2013, seeking compensation under the National Vaccine Injury Compensation Program.

He alleged that an influenza vaccine received on October 4, 2011, caused him to develop Guillain-Barré syndrome (GBS) with residual effects lasting more than six months. The respondent denied that the flu vaccine caused petitioner's GBS or any other injury, and denied that his current disabilities were sequelae of a vaccine-related injury.

Despite these positions, both parties agreed to a joint stipulation filed on June 23, 2015, to settle the case. Special Master Brian H.

Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded petitioner a lump sum of $96,320.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

Subsequently, on July 21, 2015, the parties filed another stipulation regarding attorney's fees and costs. Petitioner requested reimbursement of attorney's fees and costs in the amount of $22,350.00, to which the respondent did not object.

Special Master Corcoran approved this amount as reasonable. The award for attorney's fees and costs was made in the form of a check payable jointly to Petitioner and Petitioner's counsel, Diana S.

Sedar. The public decision does not describe the onset of symptoms, specific clinical details, medical tests, or treatments.

Petitioner was represented by Diana S. Sedar of Maglio Christopher and Toale, PA, and the respondent was represented by Linda S.

Renzi of the U.S. Department of Justice.

Theory of causation

Petitioner David D. Leoce alleged that an influenza vaccine administered on October 4, 2011, caused him to develop Guillain-Barré syndrome (GBS) with residual effects lasting more than six months. The respondent denied causation. The parties reached a joint stipulation on June 23, 2015, to settle the case, which was adopted by Special Master Brian H. Corcoran. The stipulation resulted in an award of $96,320.00 for damages and $22,350.00 for attorney's fees and costs, payable to Petitioner and Petitioner's counsel, Diana S. Sedar. The public decision does not detail the specific mechanism of causation, expert testimony, or the medical evidence presented, relying instead on the parties' stipulation.

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