VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00496
Package ID: USCOURTS-cofc-1_17-vv-00496
Petitioner: Yvonne Diaz
Filed: 2017-04-10
Decided: 2018-10-17
Vaccine: influenza
Vaccination date: 2014-11-19
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 163000

AI-assisted case summary:
Yvonne Diaz filed a petition for compensation under the National Vaccine Injury Compensation Program on April 10, 2017, alleging that she suffered Guillain-Barré Syndrome (GBS) within 3-42 days of receiving the seasonal influenza vaccine on November 19, 2014. The respondent filed a Rule 4(c) report on December 15, 2017, conceding that Ms. Diaz is entitled to compensation. The respondent concluded that she suffered GBS following a flu vaccine within the Table time period and that there was not a preponderance of the medical evidence that her GBS was due to a factor unrelated to the vaccination. On December 20, 2017, the Chief Special Master issued a Ruling on Entitlement, finding Ms. Diaz entitled to compensation. Subsequently, on July 17, 2018, the respondent filed a proffer on award of compensation, indicating that Ms. Diaz should be awarded $163,000.00. This amount represented $149,536.06 for past and future pain and suffering and $13,463.94 for unreimbursable, vaccine-related expenses. Ms. Diaz agreed with the proffered award. The Chief Special Master issued a Decision Awarding Damages on October 17, 2018, awarding Ms. Diaz a lump sum payment of $163,000.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00496-0
Date issued/filed: 2018-03-14
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/202017) regarding 23 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00496-UNJ Document 32 Filed 03/14/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0496V
Filed: December 20, 2017
UNPUBLISHED
YVONNE DIAZ,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Table Injury; Influenza (Flu) Vaccine;
Guillain-Barre Syndrome (GBS)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Edward M. Kraus, Law Offices of Chicago Kent, Chicago, IL, for petitioner.
Douglas Ross, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On April 10, 2017, 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 the Guillain-Barré Syndrome (“GBS”) within 3-
42 days of receiving the seasonal influenza vaccine on November 19, 2014. Petition at
1; see also id. at ¶¶ 3-4, 18-19, 38. Petitioner also alleges that she suffered the residual
effects of her injury for more than six months and that neither she nor any other party
has received compensation or file a civil suit for her injury alleged as vaccine caused.
Id. at ¶¶ 37, 39. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
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 1:17-vv-00496-UNJ Document 32 Filed 03/14/18 Page 2 of 2
On December 15, 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 “[has] concluded that petitioner suffered GBS
following a flu vaccine within the Table time period, and there is not a preponderance of
the medical evidence that petitioner’s GBS was due to a factor unrelated to the
vaccination.” Id. at 9. Respondent further agrees that “based on the record as it now
stands, compensation is appropriate, as petitioner has satisfied all legal prerequisites
for compensation under the Act.” 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_17-vv-00496-1
Date issued/filed: 2018-10-17
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 07/17/2018) regarding 40 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00496-UNJ Document 44 Filed 10/17/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0496V
Filed: July 17, 2018
UNPUBLISHED
YVONNE DIAZ,
Special Processing Unit (SPU);
Petitioner,
Damages Decision Based on Proffer;
v.
Influenza (Flu) Vaccine; Guillain-
Barre Syndrome (GBS)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Edward M. Kraus, Law Offices of Chicago Kent, Chicago, IL, for petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On April 10, 2017, 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-Barré Syndrome (“GBS”) within 3-42
days of receiving the seasonal influenza vaccine on November 19, 2014. Petition at 1;
see also id. at ¶¶ 3-4, 18-19, 38. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On December 20, 2017, a ruling on entitlement was issued, finding petitioner
entitled to compensation for her GBS. On July 17, 2018, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $163,000.00,
representing $149,536.06 for past and future pain and suffering (the amount for future
pain and suffering reduced to net present value) and $13,463.94 for unreimbursable,
vaccine-related expenses. Proffer at 1. In the Proffer, respondent represented that
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 1:17-vv-00496-UNJ Document 44 Filed 10/17/18 Page 2 of 4
petitioner agrees with the proffered award. Id. 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 $163,000.00, representing $149,536.06 for
actual and projected pain and suffering and $13,463.94 for unreimbursable
expenses, in the form of a check payable to petitioner, Yvonne Diaz. This amount
represents compensation for all damages that would be available under § 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 1:17-vv-00496-UNJ Document 44 Filed 10/17/18 Page 3 of 4
THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
YVONNE DIAZ,
Petitioner,
v. No. 17-496V
Chief Special Master Nora Beth Dorsey
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On December 15, 2017, respondent filed his Rule 4(c) Report, in which he recommended
that the Court find petitioner entitled to compensation, and on December 20, 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 $163,000.00 (consisting of
$149,536.06 for past and future pain and suffering, reduced to net present value, and $13,463.94
for unreimbursable, vaccine-related expenses) 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 $163,000.00.2
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 1:17-vv-00496-UNJ Document 44 Filed 10/17/18 Page 4 of 4
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
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: July 17, 2018
2