VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00550
Package ID: USCOURTS-cofc-1_17-vv-00550
Petitioner: Pedro Morillo
Filed: 2017-04-19
Decided: 2019-09-11
Vaccine: influenza
Vaccination date: 2015-10-26
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 134583

AI-assisted case summary:
Pedro Morillo filed a petition for compensation under the National Vaccine Injury Compensation Program on April 19, 2017, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on October 26, 2015. The case was assigned to the Special Processing Unit. On December 26, 2017, a ruling on entitlement was issued, finding Mr. Morillo entitled to compensation for his GBS injury. Respondent filed a proffer on award of compensation on June 19, 2019, recommending an award of $134,583.14, which included $85,000.00 for pain and suffering, $31,524.39 for lost earnings, and $18,058.75 for past unreimbursed expenses. Mr. Morillo, who is a competent adult, agreed with this proffered award. Chief Special Master Nora Beth Dorsey awarded Mr. Morillo a lump sum payment of $134,583.14, consisting of the aforementioned amounts, in the form of a check payable to him. The decision was made public on September 11, 2019, with a notice that Mr. Morillo had 14 days to identify and move to redact any information that would constitute an unwarranted invasion of privacy. Petitioner's counsel was Randall G. Knutson of Knutson & Casey Law Firm, and respondent's counsel was Colleen Clemons Hartley of the U.S. Department of Justice.

Theory of causation field:
Petitioner Pedro Morillo alleged that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on October 26, 2015. A ruling on entitlement was issued on December 26, 2017, finding petitioner entitled to compensation. Respondent filed a proffer on award of compensation on June 19, 2019, recommending an award of $134,583.14, which included pain and suffering ($85,000.00), lost earnings ($31,524.39), and past unreimbursed expenses ($18,058.75). Petitioner agreed with the proffered award. Chief Special Master Nora Beth Dorsey awarded the lump sum of $134,583.14 on September 11, 2019. The specific theory of causation, medical experts, or mechanism of injury were not detailed in the provided public decision text, which focused on the award of damages based on a stipulation. Petitioner was represented by Randall G. Knutson, and respondent was represented by Colleen Clemons Hartley.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00550-0
Date issued/filed: 2019-09-11
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 06/24/2019) regarding 48 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-00550-UNJ Document 57 Filed 09/11/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-550V
Filed: June 24, 2019
UNPUBLISHED
PEDRO MORILLO,
Petitioner,
Special Processing Unit (SPU);
v.
Damages Decision Based on Proffer;
Influenza (Flu) Vaccine; Guillain-
SECRETARY OF HEALTH AND
Barre Syndrome (GBS)
HUMAN SERVICES,
Respondent.
Randall G. Knutson, Knutson & Casey Law Firm, Mankato, MN, for petitioner.
Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On April 19, 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 he suffered Guillain-Barre Syndrome (“GBS”) as result of
an influenza (“flu”) vaccine administered on October 26, 2015. Petition at 1. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On December 26, 2017, a ruling on entitlement was issued, finding petitioner
entitled to compensation for his GBS injury. On June 19, 2019, respondent filed a
proffer on award of compensation (“Proffer”) indicating petitioner should be awarded
$134,583.14, consisting of pain and suffering ($85,000.00), lost earnings ($31,524.39);
1 The undersigned intends to post this decision on the United States Court of Federal Claims' website.
This means the decision will be available to anyone with access to the internet. 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. Because this unpublished decision contains a reasoned explanation for the
action in this case, undersigned is required 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).
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-00550-UNJ Document 57 Filed 09/11/19 Page 2 of 4
and past unreimbursed expenses ($18,058.75). Proffer at 1. In the Proffer, respondent
represented that 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 $134,583.14, consisting of pain and suffering
($85,000.00), lost earnings ($31,524.39); and past unreimbursed expenses
($18,058.75), in the form of a check payable to petitioner, Pedro Morillo. 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-00550-UNJ Document 57 Filed 09/11/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
PEDRO MORILLO, )
)
Petitioner, )
) No. 17-550V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 19, 2017, Pedro Morillo (“petitioner”) filed a petition for vaccine injury
compensation alleging that he suffered Guillain-Barre Syndrome (“GBS”) as result of a flu
vaccine administered on October 26, 2015. On December 20, 2017, respondent conceded that
entitlement to compensation was appropriate under the terms of the Vaccine Act. On December
26, 2017, Chief Special Master Dorsey issued a Ruling on Entitlement finding that petitioner was
entitled to compensation.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$134,583.14, consisting of pain and suffering ($85,000.00), lost earnings ($31,524.39); and past
unreimbursed expenses ($18,058.75), which represents all elements of compensation to which
petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner be made through a
1

Case 1:17-vv-00550-UNJ Document 57 Filed 09/11/19 Page 4 of 4
lump sum payment of $134,583.14 in the form of a check payable to petitioner.1 Petitioner
agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
/s/ Colleen C. Hartley
COLLEEN C. HARTLEY
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-3644
Fax: (202) 353-2988
DATED: June 19, 2019
1 Should petitioner die prior to the entry of judgment, respondent reserves 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