VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00829
Package ID: USCOURTS-cofc-1_13-vv-00829
Petitioner: David D. Leoce
Filed: 2013-10-22
Decided: 2015-12-16
Vaccine: influenza
Vaccination date: 2011-10-04
Condition: Guillain-Barré syndrome (“GBS”)
Outcome: compensated
Award amount USD: 96320

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00829-0
Date issued/filed: 2015-07-28
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/25/2015) Regarding 35 DECISION Stipulation (Signed by Special Master Brian H. Corcoran). (ay) Copy to parties.
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Case 1:13-vv-00829-UNJ Document 42 Filed 07/28/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-829V
* * * * * * * * * * * * * * * * * * * * * * * * *
*
DAVID D. LEOCE, * Filed: June 25, 2015
*
Petitioner, *
* Decision by Stipulation; Damages;
v. * Influenza (“Flu”) Vaccine;
* Guillain-Barré syndrome (“GBS”)
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Diana S. Sedar, Maglio Christopher and Toale, PA, Sarasota, FL, for Petitioner.
Linda S. Renzi, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On October 22, 2013, David Leoce filed a petition seeking compensation under the
National Vaccine Injury Compensation Program (the “Vaccine Program”).2 Petitioner alleges that
developed Guillain-Barré syndrome (“GBS”) as a result of his October 4, 2011, receipt of the
influenza (“flu”) vaccine, and that he experienced the effects of this injury for more than six
months.
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 (2006))
[hereinafter “Vaccine Act” or “the Act”]. Individual sections references hereafter will be to § 300aa of the Act.

Case 1:13-vv-00829-UNJ Document 42 Filed 07/28/15 Page 2 of 7
Respondent denies that the flu vaccine caused Petitioner’s GBS, or any other injury, and
denies that his current disabilities are sequelae of a vaccine-related injury. Nonetheless both
parties, while maintaining their above-stated positions, agreed in a stipulation (filed June 23, 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 $96,320.00 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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Case 1:13-vv-00829-UNJ Document 42 Filed 07/28/15 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00829-1
Date issued/filed: 2015-12-16
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 07/22/2015) Regarding 40 DECISION Fees Stipulation (Signed by Special Master Brian H. Corcoran). (ay) Copy to parties.
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Case 1:13-vv-00829-UNJ Document 44 Filed 12/16/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-829V
* * * * * * * * * * * * * * * * * * * * * * * * *
*
DAVID D. LEOCE, * Filed: July 22, 2015
*
Petitioner, *
* Decision by Stipulation;
v. * Attorney’s Fees and Costs
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Diana S. Sedar, Maglio Christopher and Toale, PA, Sarasota, FL, for Petitioner.
Linda S. Renzi, U.S. Dep’t of Justice, Washington, DC, for Respondent.
ATTORNEY’S FEES AND COSTS DECISION1
On October 22, 2013, David Leoce filed a petition seeking compensation under the
National Vaccine Injury Compensation Program.2 ECF No. 1. Thereafter, on June 23, 2015, the
parties filed a stipulation settling the case and detailing the amount to be awarded to Petitioner.
ECF No. 34. I subsequently issued a decision finding the parties’ stipulation to be reasonable and
granting Petitioner an award as outlined in the stipulation. ECF No. 35.
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 1:13-vv-00829-UNJ Document 44 Filed 12/16/15 Page 2 of 2
On July 21, 2015, the parties filed another stipulation, this time regarding attorney’s fees
and costs. ECF No. 39. Petitioner requests reimbursement of attorney’s fees and costs in the
amount of $22,350.00. 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. Id.
I approve the requested amount for attorney’s fees and costs as reasonable. Accordingly,
an award of $22,350.00 should be made in the form of a check payable jointly to Petitioner and
Petitioner’s counsel, Diana L. Stadelnikas Sedar, 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