VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01214
Package ID: USCOURTS-cofc-1_16-vv-01214
Petitioner: Tracy Sarmiento
Filed: 2016-09-28
Decided: 2018-02-02
Vaccine: influenza
Vaccination date: 2015-09-23
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 107500

AI-assisted case summary:
Tracy Sarmiento filed a petition for compensation under the National Vaccine Injury Compensation Program on September 28, 2016, alleging that she suffered Guillain-Barre Syndrome (GBS) as a result of her influenza vaccination on September 23, 2015. The case was assigned to the Special Processing Unit. On May 31, 2017, the respondent filed a Rule 4(c) report conceding that Ms. Sarmiento was entitled to compensation, noting that her condition met the criteria of the Vaccine Injury Table, specifically that she suffered GBS following a seasonal flu vaccine, with onset within the time period specified in the Table. The respondent indicated that while the revised Table governed petitions filed on or after its effective date, the evidence showed Ms. Sarmiento suffered GBS following a seasonal flu vaccine with onset within the Table's specified time period. Recognizing that Ms. Sarmiento could re-file and be afforded a presumption of causation under the revised Table, the respondent agreed not to contest entitlement. A ruling on entitlement was issued on June 2, 2017, finding her entitled to compensation. On August 28, 2017, the respondent filed a proffer on award of compensation, proposing an award of $107,500.00, which Ms. Sarmiento agreed to. On February 2, 2018, Chief Special Master Nora Beth Dorsey issued a decision awarding Ms. Sarmiento a lump sum payment of $107,500.00 for all damages available under the Vaccine Act. Petitioner was represented by Alison H. Haskins of Maglio Christopher & Toale, PA, and respondent was represented by Ryan Daniel Pyles of the U.S. Department of Justice.

Theory of causation field:
Petitioner Tracy Sarmiento alleged that she suffered Guillain-Barre Syndrome (GBS) as a result of her September 23, 2015, influenza vaccination. The respondent conceded entitlement to compensation, stating that petitioner satisfied the criteria set forth in the Vaccine Injury Table. Specifically, the respondent noted that petitioner suffered GBS following the administration of a seasonal flu vaccine, and that the onset occurred within the time period specified in the Table. The respondent acknowledged that the final rule amending the Table to add GBS as a Table injury for flu vaccine took effect on March 21, 2017, and that while this revised Table governed petitions filed on or after that date, the evidence showed petitioner suffered GBS following a seasonal flu vaccine with onset within the Table's specified time period. Recognizing that petitioner could re-file and be afforded a presumption of causation under the revised Table, the respondent agreed not to contest entitlement. The case was decided based on this concession and the Vaccine Injury Table. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on June 2, 2017, and a decision awarding damages on February 2, 2018. Petitioner was awarded a lump sum of $107,500.00. Petitioner was represented by Alison H. Haskins, and respondent was represented by Ryan Daniel Pyles.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01214-0
Date issued/filed: 2018-02-02
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 8/28/2017) regarding 29 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-01214-UNJ Document 42 Filed 02/02/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1214V
Filed: August 28, 2107
UNPUBLISHED
TRACY SARMIENTO,
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.
Alison H. Haskins, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On September 28, 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 she suffered Guillain-Barre Syndrome (“GBS”) as
a result of her September 23, 2015 influenza (“flu”) vaccination. Petition at 1-4. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On June 2, 2017, a ruling on entitlement was issued, finding petitioner entitled to
compensation for her GBS injury. On August 28, 2017, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $107,500.00.
Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the
proffered award.
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-01214-UNJ Document 42 Filed 02/02/18 Page 2 of 4
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 attached Proffer, the undersigned awards
petitioner a lump sum payment of $107,500.00 in the form of a check payable to
petitioner, Tracy Sarmiento. 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

Case 1:16-vv-01214-UNJ Document 42 Filed 02/02/18 Page 3 of 4
THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
TRACY SARMIENTO,
Petitioner,
v. No. 16-1214V
Chief Special Master Nora Beth Dorsey
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On May 31, 2017, respondent filed his Rule 4(c) Report, in which respondent advised
that he did not contest petitioner’s entitlement to compensation, and on June 2, 2017, the Court
entered its Ruling on Entitlement, finding petitioner entitled to compensation. Respondent now
proffers that petitioner receive an award of a lump sum of $107,500.00 in the form of a check
payable to petitioner. This amount represents compensation for all elements of compensation
under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled. 1
Petitioner agrees with the proffered award of $107,500.00. 2
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future medical
expenses, future pain and suffering, and future lost wages.
2 This proffer does not include any award for attorneys’ fees and costs that may be awarded
pursuant to 42 U.S.C. § 300aa-15(e).
1

Case 1:16-vv-01214-UNJ Document 42 Filed 02/02/18 Page 4 of 4
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/ RYAN D. PYLES
RYAN D. PYLES
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-9847
Dated: August 28, 2017
2

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-01214-2
Date issued/filed: 2018-04-05
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/02/2017) regarding 23 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:16-vv-01214-UNJ Document 44 Filed 04/05/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1214V
Filed: June 2, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
TRACY SARMIENTO, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza (“Flu”) Vaccine;
* Guillain-Barre Syndrome (“GBS”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Alison H. Haskins, Maglio Christopher Toale, Sarasota, FL, for petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On September 28, 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 she suffered Guillain-Barre Syndrome (“GBS”) as
a result of her September 23, 2015 influenza (“flu”) vaccination. Petition at 1-4. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On May 31, 2017, respondent filed his Rule 4(c) report in which he concedes that
petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1.
Specifically, respondent indicates
that petitioner has satisfied the criteria set forth in the newly revised
Vaccine Injury Table (Table) and the Qualifications and Aids to
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-01214-UNJ Document 44 Filed 04/05/18 Page 2 of 2
Interpretation (QAI).3 Although the revised Table only governs petitions
filed on or after the effective date of the final rule, 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
Table. Recognizing that petitioner may re-file this petition and be afforded
a presumption of causation under the revised Table (see 42 U.S.C. §
300aa-16(b)), respondent will not contest entitlement to compensation in
this case.
Id. at 2-3.
In view of respondent’s concession and the evidence before me, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 “The final rule amending the Table to add GBS as a Table injury for flu vaccine was published
on January 19, 2017, and took effect on March 21, 2017. 82 Fed. Reg. 6294 (Jan. 19, 2017) (to
be codified at 42 C.F.R. Pt. 100).” Respondent’s Rule 4(c) Report at fn 1.
2