Leyla Dagach-Imbarack v. HHS - Influenza, Guillain-Barré syndrome (GBS) and Bell’s palsy (2015)
Case summary [AI summaries can sometimes make mistakes]
Leyla Dagach-Imbarack filed a petition on September 22, 2015, seeking compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that she suffered Guillain-Barré syndrome (GBS) and Bell's palsy as a result of an influenza vaccine received on October 4, 2012, and that these vaccine-related injuries lasted more than six months.
The respondent denied that the influenza vaccination caused petitioner's conditions. The parties reached a joint stipulation to settle the case.
Chief Special Master Nora Beth Dorsey adopted the stipulation and awarded compensation. The award included a lump sum payment of $5,689.43 to satisfy a State of Florida Medicaid lien, payable jointly to Leyla Dagach-Imbarack and the Agency for Health Care Administration.
Additionally, a lump sum of $125,200.00 was awarded to Leyla Dagach-Imbarack for all other damages. The decision also addressed attorney's fees and costs, awarding a total of $10,971.51 as a lump sum, payable jointly to petitioner and her counsel, Anne Toale of Maglio Christopher and Toale, PA.
This amount was intended to cover all legal expenses incurred in the matter. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation.
Theory of causation
Petitioner Leyla Dagach-Imbarack alleged that an influenza vaccine received on October 4, 2012, caused Guillain-Barré syndrome (GBS) and Bell's palsy, with injuries lasting more than six months. Respondent denied causation. The parties reached a stipulation to settle the case. Chief Special Master Nora Beth Dorsey awarded compensation based on the stipulation. The award included $5,689.43 for a Medicaid lien and $125,200.00 for other damages, totaling $131,000.00. Attorney's fees and costs of $10,971.51 were also awarded. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the alleged injuries.
Source PDFs
USCOURTS-cofc-1_14-vv-00930