VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00033
Package ID: USCOURTS-cofc-1_16-vv-00033
Petitioner: Gloria Guerrero
Filed: 2016-10-13
Decided: 2017-01-11
Vaccine: influenza
Vaccination date: 2014-10-16
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 230923

AI-assisted case summary:
Gloria Guerrero filed a petition for compensation under the National Vaccine Injury Compensation Program on January 7, 2016, alleging she suffered Guillain-Barré Syndrome (GBS) after receiving an influenza vaccine on October 16, 2014. She claimed residual effects from her injury for more than six months and stated she had not filed a civil suit or received other compensation for her alleged vaccine-caused injury. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's GBS or any other injury. Despite the respondent's denial, the parties filed a joint stipulation for damages on October 13, 2016. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the court's decision. The stipulation awarded Gloria Guerrero a total of $230,923.50. This amount was comprised of a lump sum payment of $226,389.30 payable to Gloria Guerrero and a lump sum payment of $4,534.20 payable jointly to Gloria Guerrero and Presbyterian Centennial Care to satisfy a State of New Mexico Medicaid lien. The award was intended to compensate for all items of damages available under the Vaccine Act. The decision was issued on January 11, 2017. Petitioner was represented by Jeffrey S. Pop, and respondent was represented by Claudia B. Gangi. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation.

Theory of causation field:
Petitioner Gloria Guerrero alleged Guillain-Barré Syndrome (GBS) following an influenza vaccine administered on October 16, 2014. The respondent denied causation. The parties filed a joint stipulation for damages, which was approved by Chief Special Master Nora Beth Dorsey on January 11, 2017. The stipulation resulted in an award of $230,923.50, consisting of $226,389.30 payable to petitioner and $4,534.20 payable jointly to petitioner and Presbyterian Centennial Care for a Medicaid lien. The specific theory of causation, medical experts, and the mechanism of injury were not detailed in the provided public decision text, as the case was resolved via stipulation. Petitioner was represented by Jeffrey S. Pop, and respondent was represented by Claudia B. Gangi.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00033-0
Date issued/filed: 2017-01-11
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/13/2016) regarding 23 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00033-UNJ Document 33 Filed 01/11/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-33V
Filed: October 13, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
GLORIA GUERRERO, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Guillain-Barré Syndrome (“GBS”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jeffrey S. Pop, Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner.
Claudia B. Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On January 7, 2016, 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 she suffered Guillain-Barré Syndrome (“GBS”)
after receiving the influenza vaccine on October 16, 2014. Petition at 1; see also
Stipulation, filed Oct. 13, 2016, at ¶¶ 1-2, 4. Petitioner further alleged that she suffered
the residual effects of her injuries for more than six months and that she has not filed a
civil suit or received compensation for her injury, alleged as vaccine caused. Petition at
¶¶ 18-19; see also Stipulation at ¶ 4-5. “Respondent denies that the flu vaccine caused
petitioner’s Guillain-Barré Syndrome, any other injury, or her current disabilities.”
Stipulation at ¶ 6.
Nevertheless, on October 13, 2016, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. The undersigned
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. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). 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 1:16-vv-00033-UNJ Document 33 Filed 01/11/17 Page 2 of 7
finds the stipulation reasonable and adopts it as the decision of the Court in awarding
damages, on the terms set forth therein.
The parties stipulate that petitioner shall receive a payment of $230,923.50
as follows:
a. a lump sum payment of $226,389.30 in the form of a check payable solely to
petitioner, Gloria Guerrero;
b. a lump sum payment of $4,534.20 in the form of a check payable jointly to
petitioner, Gloria Guerrero and Presbyterian Centennial Care:
Presbyterian Centennial Care
P.O. Box 27489
Albuquerque, New Mexico 87125-7489
Tax ID #: 94-3037165
Attn: Member ID #: 105812837-00
representing compensation for satisfaction of the State of New Mexico Medicaid lien.3
Stipulation at ¶ 8. This amount represents compensation for all items of damages that
would be available under § 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.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Petitioner agrees to endorse this payment to the State of New Mexico.
4 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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