VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00930
Package ID: USCOURTS-cofc-1_14-vv-00930
Petitioner: Leyla Dagach-Imbarack
Filed: 2015-09-22
Decided: 2015-10-20
Vaccine: influenza
Vaccination date: 2012-10-04
Condition: Guillain-Barré syndrome (GBS) and Bell’s palsy
Outcome: compensated
Award amount USD: 131000

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00930-0
Date issued/filed: 2015-10-20
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/22/2015) regarding 29 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00930-UNJ Document 35 Filed 10/20/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-930V
Filed: September 22, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
LEYLA DAGACH-IMBARACK, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza Vaccine or Flu Vaccine;
* Guillain-Barré Syndrome (“GBS”);
SECRETARY OF HEALTH * Bell’s Palsy; Special Processing
AND HUMAN SERVICES, * Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Anne Toale, Esq., Maglio Christopher and Toale, PA, (FL) Sarasota, FL, for
petitioner.
Linda Renzi, Esq., U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On October 1, 2014, Leyla Dagach-Imbarack filed a petition for compensation
under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et
seq.,2 [the “Vaccine Act” or “Program”]. Petitioner alleged that she suffered Guillain-
Barré syndrome (GBS) and Bell’s palsy resulting from the influenza vaccine she
received on October 4, 2012. Petition, ¶¶ 1, 8-9; see also Stipulation, filed Sept. 22,
2015, ¶¶ 2, 4. Petitioner further alleges that her “vaccine related injuries have lasted
more than six months.” Petition, ¶ 10. Respondent denies that the influenza
vaccination caused petitioner’s GBS, Bell’s palsy or any other injury or condition.
Stipulation, ¶ 6.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to 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 (codified as amended at 44 U.S.C. § 3501
note (2006)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to
redact medical or other information, the disclosure of which would constitute an unwarranted invasion of
privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such
material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2006).

Case 1:14-vv-00930-UNJ Document 35 Filed 10/20/15 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On
September 22, 2015, the parties filed a joint stipulation agreeing to settle this case and
describing the settlement terms.
Respondent agrees to pay petitioner the following amounts:
1. A lump sum payment of $5,689.43 in the form of a check payable jointly
to petitioner, Leyla Dagach-Imbarack, and
Agency for Health Care Administration
P.O. Box 12188
Tallahassee, Florida 32317-2188
Case ID No. 487899
representing compensation for satisfaction of the State of Florida Medicaid lien.3
2. A lump sum of $125,200.00 in the form of a check payable to petitioner,
Leyla Dagach-Imbarack.
Stipulation, ¶ 8. This amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a). Id.
I adopt the parties’ stipulation attached hereto, and award compensation in the
amount and on the terms set forth therein. In the absence of a motion for review filed
pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in
accordance with this decision.4
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Petitioner agrees to endorse this payment to the Agency for Health Care Administration.
4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each filing a notice renouncing
the right to seek review by a United States Court of Federal Claims judge.
2

CCaassee 11::1144--vvvv--0000993300--UUNNJJ DDooccuummeenntt 2385 FFiilleedd 0190//2220//1155 PPaaggee 13 ooff 57

CCaassee 11::1144--vvvv--0000993300--UUNNJJ DDooccuummeenntt 2385 FFiilleedd 0190//2220//1155 PPaaggee 24 ooff 57

CCaassee 11::1144--vvvv--0000993300--UUNNJJ DDooccuummeenntt 2385 FFiilleedd 0190//2220//1155 PPaaggee 35 ooff 57

CCaassee 11::1144--vvvv--0000993300--UUNNJJ DDooccuummeenntt 2385 FFiilleedd 0190//2220//1155 PPaaggee 46 ooff 57

CCaassee 11::1144--vvvv--0000993300--UUNNJJ DDooccuummeenntt 2385 FFiilleedd 0190//2220//1155 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00930-1
Date issued/filed: 2015-10-20
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/22/2015) regarding 32 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:14-vv-00930-UNJ Document 36 Filed 10/20/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-0930V
Filed: September 22, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
LEYLA DAGACH-IMBARACK, *
*
Petitioner, *
v. *
* Attorney Fees and Costs; Stipulation
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Anne Toale, Esq., Maglio Christopher and Toale, PA, (FL) Sarasota, FL, for
petitioner.
Linda Renzi, Esq., U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Dorsey, Chief Special Master:
On October 1, 2014, Leyla Dagach-Imbarack filed a petition for compensation
under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et
seq.,2 [the “Vaccine Act” or “Program”]. Petitioner alleged that she suffered Guillain-
Barré syndrome (GBS) and Bell’s palsy resulting from the influenza vaccine she
received on October 4, 2012. Petition, ¶¶ 1, 8-9. On September 22, 2015, I issued a
decision awarding compensation to petitioner based on the parties’ stipulation.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to post this decision 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 (codified as amended at 44
U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), petitioners have 14 days to identify
and move to redact medical or other information, the disclosure of which would constitute an unwarranted
invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will
redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2006).

Case 1:14-vv-00930-UNJ Document 36 Filed 10/20/15 Page 2 of 2
On September 22, 2015, the parties filed a Stipulation of Facts Regarding Final
Attorneys’ Fees and Costs. According to the stipulation, the parties agree upon an
award of $10,971.51 for attorney’s fees and costs. In accordance with General Order
#9, petitioner’s counsel represents that petitioner incurred no out-of-pocket expenses in
this case. Stipulation, ¶ 4.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42
U.S.C. § 300 aa-15(e). The proposed amount is reasonable.
Accordingly, I award the total of $10,971.513 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel Anne C. Toale. Per
petitioner’s request, the award for attorney’s fees and costs should be forwarded
to Maglio Christopher & Toale, PA, 1605 Main Street, Suite 710, Sarasota Florida
34236.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all
charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered.
Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including
costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS, 924
F.2d 1029 (Fed. Cir.1991).
2