Armando Tinoco v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2018)

Armando Tinoco filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he developed Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination he received on or about February 28, 2013. The respondent, the Secretary of Health and Human Services, did not contest entitlement to compensation.

The respondent agreed that Mr. Tinoco suffered GBS following the flu vaccination and that the onset occurred within the time period specified in the Vaccine Injury Table.

Although the revised Table including GBS applied to petitions filed after March 21, 2017, the respondent acknowledged that Mr. Tinoco could re-file to benefit from the presumption of causation.

Based on the respondent's concession and the evidence, the court found Mr. Tinoco entitled to compensation.

Subsequently, a decision awarding damages was issued. The respondent proffered an award of $24,361.34 to satisfy a State of Colorado Medicaid lien and an additional $575,000.00 for lost earnings, unreimbursable vaccine-related expenses, and pain, suffering, and emotional distress.

Mr. Tinoco agreed with this proffered award.

The court awarded a total of $599,361.34 to Mr. Tinoco.