VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00076
Package ID: USCOURTS-cofc-1_15-vv-00076
Petitioner: Jose De La Cruz Herrera
Filed: 2015-01-26
Decided: 2016-05-02
Vaccine: influenza
Vaccination date: 2013-11-19
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 150000

AI-assisted case summary:
Jose De La Cruz Herrera filed a petition for compensation under the National Vaccine Injury Compensation Program on January 26, 2015, alleging he suffered Guillain-Barré Syndrome (GBS) after receiving an influenza vaccine on November 19, 2013. The petition stated that the vaccine was administered in the United States, that he had suffered the effects of his injury for more than six months, and that neither he nor anyone else had brought an action or received compensation for his injuries. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's GBS or any other injury or disability. Despite the denial, the parties filed a joint stipulation on November 19, 2015, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding Mr. Herrera a lump sum of $150,000.00 for all items of damages. Subsequently, on December 21, 2015, the parties filed another stipulation regarding attorneys' fees and costs. The court approved an award of $9,376.12 for attorney's fees and costs, and $3,760.00 for Mr. Herrera's out-of-pocket costs, for a total of $13,136.12. The decision directed that the checks be forwarded to Mr. Herrera's counsel, Anne Toale of Maglio Christopher and Toale, PA. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation.

Theory of causation field:
Jose De La Cruz Herrera alleged that he suffered Guillain-Barré Syndrome (GBS) after receiving an influenza vaccine on November 19, 2013. The respondent denied causation. The parties filed a joint stipulation agreeing to compensation. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. Compensation was awarded based on the stipulation. Chief Special Master Nora Beth Dorsey approved a lump sum award of $150,000.00 for damages and $13,136.12 for attorneys' fees and costs ($9,376.12 for fees/costs and $3,760.00 for out-of-pocket costs). The decision was issued on May 2, 2016, with petitioner represented by Anne Toale and respondent by Althea Davis.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00076-0
Date issued/filed: 2016-02-23
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/19/2015) regarding 26 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00076-UNJ Document 34 Filed 02/23/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-76V
Filed: November 19, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JOSE DE LA CRUZ HERRERA, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza (“Flu”) Vaccine;
* Guillain-Barré Syndrome (“GBS”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Anne Toale, Maglio, Christopher and Toale, Sarasota FL, for petitioner.
Althea Davis, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On January 26, 2015, Jose De La Cruz Herrera (“petitioner”) filed a petition for
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.
§300aa-10, et seq.,2 [the “Vaccine Act”]. Petitioner alleges that he suffered Guillain-
Barré Syndrome (“GBS”) after receiving the influenza vaccine on November 19, 2013.
Petition, ¶¶ 1, 5-6; see also Stipulation, filed Nov. 19, 2015, ¶¶ 2, 4. Petitioner further
alleges that the vaccine was administered in the United States, that he has suffered the
effects of his injury for more than six month, and that neither he nor anyone else has
brought an action or has received compensation for his injuries. Petition, ¶¶ 1, 7, 9-10;
see also Stipulation ¶¶ 3-5. “Respondent denies that the flu vaccine caused petitioner’s
Guillain-Barré Syndrome (“GBS”) or any other injury or his current disabilities.”
Stipulation, ¶ 6.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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 (2012).

Case 1:15-vv-00076-UNJ Document 34 Filed 02/23/16 Page 2 of 7
Nevertheless, on November 19, 2015, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. The
undersigned finds the stipulation reasonable and adopts it as the decision of the Court
in awarding damages, on the terms set forth therein.
The parties stipulated that petitioner shall receive the following compensation:
A lump sum of $150,000.00 in the form of a check payable to petitioner.
Stipulation, ¶ 8. This amount represents compensation for all items of damages
that would be available under 42 U.S.C. § 300aa-15(a). Id.
The undersigned approves the requested amount for petitioner’s compensation.
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.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

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CCaassee 11::1155--vvvv--0000007766--UUNNJJ DDooccuummeenntt 2354 FFiilleedd 1012//1293//1156 PPaaggee 24 ooff 57

CCaassee 11::1155--vvvv--0000007766--UUNNJJ DDooccuummeenntt 2354 FFiilleedd 1012//1293//1156 PPaaggee 35 ooff 57

CCaassee 11::1155--vvvv--0000007766--UUNNJJ DDooccuummeenntt 2354 FFiilleedd 1012//1293//1156 PPaaggee 46 ooff 57

CCaassee 11::1155--vvvv--0000007766--UUNNJJ DDooccuummeenntt 2354 FFiilleedd 1012//1293//1156 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00076-1
Date issued/filed: 2016-05-02
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/22/2015) regarding 29 DECISION Fees Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (tpj) Copy to parties.
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Case 1:15-vv-00076-UNJ Document 35 Filed 05/02/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-76V
Filed: December 22, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
JOSE DE LA CRUZ HERRERA, *
*
Petitioner, *
v. *
* Attorney Fees and Costs; Stipulation
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Anne Toale, Esq., Maglio Christopher and Toale, PA, Sarasota, FL, for petitioner.
Althea Davis, Esq., U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Dorsey, Chief Special Master:
On January 26, 2015, Jose De La Cruz Herrera (“petitioner”) filed a petition for
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.
§300aa-10, et seq.,2 [the “Vaccine Act”]. Petitioner alleged that he suffered Guillain-
Barré Syndrome (“GBS”) after receiving the influenza vaccine on November 19, 2013.
Petition, ¶¶ 1, 5-6. On November 19, 2015, the undersigned issued a decision
awarding compensation to petitioner based on the parties’ stipulation.
On December 21, 2015, the parties filed a Stipulation of Facts Regarding Final
Attorneys’ Fees and Costs. According to the stipulation, the parties stipulate to an
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 (2012).

Case 1:15-vv-00076-UNJ Document 35 Filed 05/02/16 Page 2 of 2
award of $9,376.12 for attorney’s fees and costs and $3,760.00 for petitioner’s out of
pocket costs for a total amount of $13,136.12. In compliance with General Order #9,
petitioner has filed a statement indicating he incurred $3,760.00 in out of pocket costs.3
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42
U.S.C. § 300 aa-15(e). Based on the reasonableness of petitioner’s request and the
lack of any objection by respondent, the undersigned GRANTS the request for approval
and payment of attorneys’ fees and costs.
Accordingly, the undersigned awards the total of $13,136.124 as follows:
1) a lump sum of $3,760.00 in the form of a check solely payable to
petitioner and
2) a lump sum of $9,376.12 in the form of a check jointly payable to
petitioner and petitioner’s counsel, Anne C. Toale.
Per petitioner’s request, both checks constituting the award for 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 Additionally, petitioner’s counsel represents that petitioner incurred $3,760.00 in out-of-pocket costs in
this case. Stipulation, ¶ 4.
4 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