VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00388
Package ID: USCOURTS-cofc-1_13-vv-00388
Petitioner: Amaryllis R. Munoz-Colon
Filed: 2013-06-10
Decided: 2014-08-28
Vaccine: influenza
Vaccination date: 2012-10-03
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 220000

AI-assisted case summary:
Amaryllis R. Munoz-Colon filed a petition on June 10, 2013, alleging that a seasonal influenza (flu) vaccination she received on October 3, 2012 caused her to develop Guillain-Barré Syndrome (GBS) and that she experienced the residual effects of this injury for more than six months. Respondent denied that the flu vaccine caused petitioner's GBS or any other injury.

Nonetheless, both parties agreed to a joint stipulation filed May 13, 2014 to settle the case. Special Master Moran found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $220,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The parties subsequently agreed to attorneys' fees and costs of $25,806.41, payable jointly to petitioner and her counsel, Pedro J. Saade-Llorens of Saade & Saade Law Firm. Petitioner had not personally incurred any out-of-pocket litigation expenses.

Theory of causation field:
Flu Oct 3, 2012 → GBS (residual >6 months). Joint stipulation May 13, 2014; SM Moran. Comp $220,000. Fees $25,806.41 (Saade-Llorens, Saade & Saade Law Firm, San Juan PR).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00388-0
Date issued/filed: 2014-06-06
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/14/2014) regarding 27 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00388-UNJ Document 31 Filed 06/06/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
AMARYLLIS R. MUNOZ-COLON, *
* No. 13-388V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: May 14, 2014
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”)
AND HUMAN SERVICES, * vaccine; Guillain-Barré
* Syndrome (“GBS”).
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Pedro J. Saade-Llorens, Saade & Saade Law Firm, San Juan, PR, for Petitioner;
Gordon Shemin, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On May 13, 2014, respondent filed a joint stipulation concerning the petition
for compensation filed by Amaryllis Munoz-Colon on June 10, 2013. In her
petition, Ms. Munoz-Colon alleged that the seasonal influenza (“flu”) vaccine,
which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a),
and which she received on October 3, 2012, caused her to suffer Guillain-Barré
Syndrome (“GBS”). Petitioner further alleges that she experienced the residual
effects of this condition for more than six months. Petitioner represents that there
has been no prior award or settlement of a civil action for damages on her behalf as
a result of her condition.
Respondent denies that the flu immunization is the cause of petitioner’s
alleged GBS, and/or any other injury.
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the party has 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:13-vv-00388-UNJ Document 31 Filed 06/06/14 Page 2 of 7
Nevertheless, the parties agree to the joint stipulation, attached hereto as
“Appendix A.” The undersigned finds said stipulation reasonable and adopts it as
the decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum of $220,000.00 in the form of a check payable to petitioner,
Amaryllis R. Munoz-Colon. This amount represents compensation for
all damages that would be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 13-388V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6353.
IT IS SO ORDERED.
s/ Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

CCaassee 11::1133--vvvv--0000338888--UUNNJJ DDooccuummeenntt 2361 FFiilleedd 0056//1036//1144 PPaaggee 13 ooff 57

CCaassee 11::1133--vvvv--0000338888--UUNNJJ DDooccuummeenntt 2361 FFiilleedd 0056//1036//1144 PPaaggee 24 ooff 57

CCaassee 11::1133--vvvv--0000338888--UUNNJJ DDooccuummeenntt 2361 FFiilleedd 0056//1036//1144 PPaaggee 35 ooff 57

CCaassee 11::1133--vvvv--0000338888--UUNNJJ DDooccuummeenntt 2361 FFiilleedd 0056//1036//1144 PPaaggee 46 ooff 57

CCaassee 11::1133--vvvv--0000338888--UUNNJJ DDooccuummeenntt 2361 FFiilleedd 0056//1036//1144 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00388-1
Date issued/filed: 2014-08-28
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 07/21/2014) regarding 33 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00388-UNJ Document 36 Filed 08/28/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
AMARYLLIS R. MUNOZ-COLON, *
*
Petitioner, * No. 13-388V
* Special Master Christian J. Moran
*
v. * Filed: July 21, 2014
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which
* respondent does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Pedro J. Saade-Llorens, Saade & Saade Law Firm, San Juan, PR, for petitioner;
Gordon Shemin, United States Dep’t of Justice, Washington, D.C., for respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On July 16, 2014, respondent filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Previously, petitioner
informally submitted a draft application for attorneys’ fees and costs to respondent
for review. Upon review of petitioner’s application, respondent raised objections
to certain items. Based on subsequent discussions, petitioner amended her
application to request $ 25,806.41, an amount to which respondent does not object.
The Court awards this amount.
On June 10, 2013, Amaryllis R. Munoz-Colon filed a petition for
compensation alleging that the influenza vaccine, which she received on October 3,
2012, caused her to suffer Guillain-Barré Syndrome. Petitioner received
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:13-vv-00388-UNJ Document 36 Filed 08/28/14 Page 2 of 2
compensation based upon the parties’ stipulation. Decision, filed May 14, 2014.
Because petitioner received compensation, she is entitled to an award of attorneys’
fees and costs. 42 U.S.C. § 300aa-15(e).
Petitioner seeks a total of $25,806.41 in attorneys’ fees and costs for her
counsel. Additionally, in compliance with General Order No. 9, petitioner states
that she incurred no out-of-pocket litigation expenses while pursuing this claim.
Respondent has no objection to the amount requested for attorneys’ fees and costs.
After reviewing the request, the Court awards the following:
A lump sum of $25,806.41 in the form of a check made payable to
petitioner and petitioner’s attorney, Pedro J. Saade-Llorens, for
attorneys’ fees and other litigation costs available under 42 U.S.C. §
300aa-15(e).
The Court thanks the parties for their cooperative efforts in resolving this
matter. The Clerk shall enter judgment accordingly.
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6353.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2