VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01058
Package ID: USCOURTS-cofc-1_16-vv-01058
Petitioner: Luis Trigueros
Filed: 2017-10-17
Decided: 2020-03-11
Vaccine: influenza
Vaccination date: 2013-10-02
Condition: Guillain-Barre syndrome
Outcome: compensated
Award amount USD: 233479.35

AI-assisted case summary:
Luis Trigueros filed a petition alleging that an influenza vaccine administered on October 2, 2013, caused him to develop Guillain-Barre syndrome (GBS). He was hospitalized for GBS starting October 21, 2013, and filed his petition on August 25, 2016. The respondent initially stated that the evidence showed GBS following the flu vaccine, with onset within the revised Vaccine Injury Table time period, and therefore would not contest entitlement. A ruling finding entitlement was issued on October 17, 2017. The parties then worked to resolve damages, eventually reaching a stipulation. Although the stipulation stated the respondent denied causation, the parties agreed to the terms. The award included a lump sum of $232,310.35 for first-year life care expenses, pain and suffering, and past unreimbursable expenses, plus $1,163.02 to reimburse a New York Medical Assistance lien, and an amount for an annuity contract. Judgment was entered on March 11, 2020.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01058-0
Date issued/filed: 2017-12-21
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/17/17) regarding 31 Ruling on Entitlement Signed by Special Master Christian J. Moran. (MRG) Service on parties made.
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Case 1:16-vv-01058-UNJ Document 35 Filed 12/21/17 Page 1 of 2
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
LUIS TRIGUEROS, *
* No. 16-1058V
Petitioner, * Special Master Christian J. Moran
*
v. *
* Filed: October 17, 2017
SECRETARY OF HEALTH *
AND HUMAN SERVICES, * Ruling on entitlement;
* Influenza vaccine;
Respondent. * Guillain-Barre syndrome.
* * * * * * * * * * * * * * * * * * * * *
Ronald C. Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for
Petitioner;
Camille M. Collett, United States Department of Justice, Washington, DC, for
Respondent.
UNPUBLISHED RULING FINDING ENTITLEMENT1
On August 25, 2016, Luis Trigueros filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 et seq.
(2006). Mr. Trigueros alleges that he suffered Guillain-Barre syndrome (“GBS”)
as a result of a flu vaccine administered on October 2, 2013.
In the Rule 4(c) report, respondent stated that the Division of Vaccine Injury
Compensation, Department of Health and Human Services, has reviewed the facts
of this case and have concluded that “the evidence shows that petitioner suffered
GBS following the administration of a seasonal flu vaccine, and that the onset
occurred within the time period specified in the [newly revised Vaccine Injury]
1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services), requires that the Court post this ruling 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 1:16-vv-01058-UNJ Document 35 Filed 12/21/17 Page 2 of 2
Table.” Resp’t’s Rep. at 7-8. As a result, “respondent will not contest entitlement
to compensation in this case.” Id. at 8.
Special masters may determine whether a petitioner is entitled to
compensation based upon the record. A hearing is not required. 42 U.S.C. §
300aa-13; Vaccine Rule 8(d). Based upon a review of the record as a whole, the
undersigned finds that petitioner has established that he is entitled to
compensation.
IT IS SO ORDERED.
S/ Christian J. Moran
_______________________________
Christian J. Moran
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-01058-1
Date issued/filed: 2020-03-11
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 02/14/2020) regarding 84 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (Attachments: # (1) Signed Stipulation) (hh) Service on parties made.
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Case 1:16-vv-01058-UNJ Document 86 Filed 03/11/20 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
LUIS TRIGUEROS, *
* No. 16-1058V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: February 14, 2020
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine;
AND HUMAN SERVICES, *
*
* Guillain-Barré
Respondent. * Syndrome (“GBS”).
* * * * * * * * * * * * * * * * * * * * *
Ronald C. Homer, Conway, Homer, P.C., Boston, MA, for Petitioner;
Camille M. Collett, United States Dep’t of Justice, Washington, DC, for
Respondent.
UNPUBLISHED DECISION1
Luis Trigueros alleged that various vaccines, including the influenza
vaccine, caused him to develop Guillain-Barré syndrome. The basic facts are (1)
Mr. Trigueros received the flu vaccination on October 2, 2013, and (2) Mr.
Trigueros was hospitalized for GBS, starting October 21, 2013. Mr. Trigueros
filed his petition on August 25, 2016.
While his case was pending, the Secretary announced, on January 19, 2017,
revisions to the Vaccine Injury Table based upon a Notice of Proposed Rule
Making, issued on July 29, 2015. 80 Fed. Reg. 45131. The January 19, 2017
revisions established that flu vaccine was presumptively the cause of GBS when
1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services), 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 1:16-vv-01058-UNJ Document 86 Filed 03/11/20 Page 2 of 4
the GBS arose 3-42 days after the vaccination. 82 Fed. Reg. 6294. This provision
is now found in the Vaccine Injury Table at 42 C.F.R § 100.3, ¶ XIV.D.
Revisions to the Vaccine Injury Table “apply only with respect to petitions
for compensation under the Program which are filed after the effective date of such
regulation.” 42 U.S.C. § 300aa–14(c)(4). However, because the revision
established a presumptive causal association between flu vaccine and GBS, the
revision “significantly increase[d] the likelihood” that Mr. Trigueros would receive
compensation on his claim that the flu vaccine caused him to suffer GBS. As such,
Mr. Trigueros could “file a petition for such compensation not later than 2 years
after the effective date of the revision.” 42 U.S.C. § 300aa–16(b).
Although eligible to initiate a new case to take advantage of the Table
revision, Mr. Trigueros did not. At events hosted by the Office of Special Masters,
supervisors within the Department of Justice requested that petitioners who could
benefit from the lookback aspect of the statute of limitations not file new cases.
The filing of new cases would add an administrative burden on officials within the
Department of Justice, the Department of Health and Human Services, and the
Office of Special Masters.
In Mr. Trigueros’s case, the Secretary acted consistently with this policy.
The Secretary stated: “Recognizing that petitioner may re-file this petition and be
afforded a presumption of causation under the revised Table . . . , respondent will
not contest entitlement to compensation in this case.” Resp’t’s Rep., filed pursuant
to Vaccine Rule 4 on Oct. 4, 2017.2 After respondent declined to oppose
entitlement, the undersigned issued an Unpublished Ruling Finding Entitlement,
2017 WL 6521877 (Fed. Cl. Spec. Mstr. Oct. 17, 2017).
Following this ruling, the parties worked to determine the amount of
compensation to which Mr. Trigueros is entitled. Despite the parties’ good faith,
the resolution of damages became protracted. Eventually, the undersigned
scheduled the case for a hearing to resolve disputes about damages and directed the
parties to file briefs. Order, issued July 30, 2019, ECF No. 72.
To their credit, the attorneys continued to work together. Their cooperation
led to a tentative resolution to resolve the case, subject to the approval by an
2 Pursuant to Vaccine Rule 4(c)(2), the Secretary’s report “must contain respondent’s
medical analysis of petitioner’s claims and must present any legal arguments that respondent
may have in opposition to the petition.”
2

Case 1:16-vv-01058-UNJ Document 86 Filed 03/11/20 Page 3 of 4
authorized official of the Attorney General. See order, issued Oct. 3, 2019, ECF
No. 79.
On January 23, 2020, the Secretary filed a stipulation for an award signed by
all parties. Paragraph 6 of the Stipulation states: “Respondent denies that the
vaccines caused petitioner to suffer from GBS or any other injury or his current
condition.”3 Nevertheless, as recited in the remainder of the stipulation, the parties
agree to the joint stipulation, attached hereto. 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:
1. A lump sum payment of $232,310.35, which amount represents
compensation for first year life care expenses ($57,293.73), pain and
suffering ($175,000.00), and past unreimbursable expenses ($16.62)
in the form of a check payable to petitioner.
2. A lump sum payment of $1,163.02, which amount represents
reimbursement of a New York Medical Assistance lien for services
rendered on behalf of petitioner, Luis Trigueros, in the form of a
check payable jointly to petitioner and New York State Department
of Health, and mailed to:
New York State Department of Health
P.O. Box 415874
Boston, MA 02241-5874
Recovery Case # 194274
Attn: Sherry Miles
Petitioner agrees to endorse this check to the New York State
Department of Health.
3. An amount sufficient to purchase the annuity contract described in
paragraph 10 of the signed joint stipulation, paid to the life insurance
3 The statement in paragraph 6 of the stipulation does not match the position the
Secretary took earlier in the case. In the respondent’s report, the Secretary did “not contest
entitlement to compensation.”
3

Case 1:16-vv-01058-UNJ Document 86 Filed 03/11/20 Page 4 of 4
company from which the annuity will be purchased (the “Life
Insurance Company”).
These amounts represent 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 16-1058V according to this decision
and the attached stipulation.4
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
4 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.
4