VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00266
Package ID: USCOURTS-cofc-1_16-vv-00266
Petitioner: Armando Tinoco
Filed: 2016-02-25
Decided: 2018-10-24
Vaccine: influenza
Vaccination date: 2013-02-28
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 599361

AI-assisted case summary:
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.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00266-0
Date issued/filed: 2018-10-23
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/22/2018) regarding 67 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:16-vv-00266-UNJ Document 73 Filed 10/23/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-266V
Filed: August 22, 2018
UNPUBLISHED
ARMANDO TINOCO,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Uncontested;
v. Causation-In-Fact; Influenza (Flu)
Vaccine; Guillain-Barre Syndrome
SECRETARY OF HEALTH AND (GBS)
HUMAN SERVICES,
Respondent.
Mari Colleen Bush, Mari C. Bush, LLC, Boulder, CO, for petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On February 25, 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 alleges that he received an influenza (“flu”) vaccination on or
about February 28, 2013, and as a result of the vaccination, developed Guillain-Barre
Syndrome (“GBS”). Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On August 20, 2018, respondent filed his Rule 4(c) report in which he states that
he does not contest that petitioner is entitled to compensation in this case.
Respondent’s Rule 4(c) Report at 3. Specifically, respondent agrees that, based on the
Court’s April 6, 2017 Fact Ruling (ECF No. 34), petitioner suffered GBS following the
1 Because this unpublished ruling 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-00266-UNJ Document 73 Filed 10/23/18 Page 2 of 2
administration of a seasonal flu vaccination, and that the onset occurred within the time
period specified in the Vaccine Injury Table. Id. at 3. Respondent noted that the
revised Table that includes GBS only governs petitions filed on or after March 21, 2017.
“However, respondent recognizes that petitioner may re-file his petition and be afforded
a presumption of causation under the revised table.” Accordingly, petitioner stated that
he does not contest entitlement to compensation in this case. Id.
In view of respondent’s position and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-00266-1
Date issued/filed: 2018-10-24
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/22/2018) regarding 68 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:16-vv-00266-UNJ Document 74 Filed 10/24/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-266V
Filed: August 22, 2018
UNPUBLISHED
ARMANDO TINOCO,
Special Processing Unit (SPU);
Damages Decision Based on Proffer;
Petitioner,
Influenza (Flu) Vaccine; Guillain-
v.
Barre Syndrome (GBS)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Mari Colleen Bush, for petitioner.
Ryan Pyles, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On February 25, 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 alleges that he developed Guillain-Barre Syndrome (“GBS”)
as a result of an influenza (“flu”) vaccination administered on February 28, 2013.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On August 22, 2018, a ruling on entitlement was issued, finding petitioner entitled
to compensation for GBS. On August 20, 2018, respondent filed a Rule 4(C) Report
and Proffer of Compensation (“Proffer”) indicating petitioner should be awarded a lump
sum payment of $24,361.34, representing compensation for satisfaction of a State of
Colorado Medicaid lien. Petitioner should also be awarded $575,000.00, consisting of:
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-00266-UNJ Document 74 Filed 10/24/18 Page 2 of 2
$377,516.00 for lost earnings (at net present value); $34,453.00 for unreimbursable,
vaccine-related expense (at net present value); and $163,031.00 for actual and
projected pain, suffering, and emotional distress (at net present value). Proffer at 4. In
the Proffer, respondent represented that petitioner agrees with the proffered award.
Based on the record as a whole, the undersigned finds that petitioner is entitled to an
award as stated in the Proffer.
Pursuant to the terms stated in the Proffer, the undersigned awards petitioner:
(1) A lump sum payment of $24,361.34, representing compensation for
satisfaction of a State of Colorado Medicaid lien, payable jointly to petitioner
and:
Colorado Dep’t of Health Care Policy & Financing
Re: No. S277805 (Armando Tinoco)
1570 Grant St.
Denver, CO 80203
Petitioner agrees to endorse this payment to the State; and
(2) A lump sum payment of $575,000.00 in the form of a check payable to
petitioner, Armando Tinoco (consisting of $377,516.00 for lost earnings;
$34,453.00 for unreimbursable, vaccine-related expense; and $163,031.00
for actual and projected pain, suffering, and emotional distress). This
amount represents compensation for all damages that would be available under
§ 300aa-15(a).
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