VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01504
Package ID: USCOURTS-cofc-1_15-vv-01504
Petitioner: Mario Reyes Nieto
Filed: 2015-12-11
Decided: 2016-12-21
Vaccine: influenza
Vaccination date: 2014-11-24
Condition: Guillain-Barre Syndrome
Outcome: compensated
Award amount USD: 235000

AI-assisted case summary:
Mario Reyes Nieto filed a petition for compensation under the National Vaccine Injury Compensation Program on December 11, 2015, alleging that he developed Guillain-Barre Syndrome (GBS) as a result of receiving an influenza vaccination on November 24, 2014. The respondent denied that the immunization caused the petitioner's injury. The parties, represented by Leah Durant of the Law Offices of Leah V. Durant, PLLC for the petitioner and Douglas Ross of the US Department of Justice for the respondent, reached a settlement agreement. The respondent agreed to issue a lump sum payment of $235,000.00 to Mario Reyes Nieto as compensation for all damages. Special Master Mindy Michaels Roth adopted the parties' stipulation and awarded compensation in the agreed-upon amount. The decision was filed on December 21, 2016.

Theory of causation field:
Petitioner Mario Reyes Nieto alleged that he developed Guillain-Barre Syndrome (GBS) following an influenza vaccination on November 24, 2014. The respondent denied causation. The parties stipulated to a settlement. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, or treatments. Special Master Mindy Michaels Roth adopted the stipulation, awarding a lump sum of $235,000.00 to petitioner. The decision date was December 21, 2016. Petitioner's counsel was Leah Durant, and respondent's counsel was Douglas Ross.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01504-0
Date issued/filed: 2017-01-17
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/21/2016) regarding 26 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (jo) Copy to parties.
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Case 1:15-vv-01504-UNJ Document 30 Filed 01/17/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
(Filed: December 21, 2016)
No. 15-1504V
* * * * * * * * * * * * * UNPUBLISHED
MARIO REYES NIETO, *
*
Petitioner, * Decision on Joint Stipulation;
* Guillain-Barre Syndrome
v. * (“GBS”); Influenza (“Flu”)
* Vaccine.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * *
Leah Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner.
Douglas Ross, US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On December 11, 2015, Mario Reyes Nieto [“petitioner”] filed a petition for
compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that
he developed Guillain-Barre Syndrome (“GBS”) as a result of receiving an influenza vaccination
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 (2012)). In accordance with Vaccine Rule 18(b), a party
has 14 days to identify and move to delete medical or other information, that satisfies the criteria
in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for
redaction must include a proposed redacted decision. If, upon review, I agree that the identified
material fits within the requirements of that provision, I will delete 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).
1

Case 1:15-vv-01504-UNJ Document 30 Filed 01/17/17 Page 2 of 7
on November 24, 2014. See Stipulation, filed December 21, 2016, at ¶¶ 1-4. Respondent denies
that the influenza immunization caused petitioner’s injury. Stipulation at ¶ 6.
Nevertheless, the parties have agreed to settle the case. On December 21, 2016, the
parties filed a joint stipulation agreeing to settle this case and describing the settlement terms.
Respondent agrees to issue the following payment:
A lump sum of $235,000.00 in the form of a check payable to petitioner, Mario
Reyes Nieto. This amount represents compensation for all damages that would be
available under § 300aa-15(a).
I adopt the parties’ stipulation attached hereto, and award compensation in the amount
and on the terms set forth therein. The clerk of the court is directed to enter judgment in
accordance with this decision.3
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a
notice renouncing the right to seek review.
2

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