VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00861
Package ID: USCOURTS-cofc-1_17-vv-00861
Petitioner: Erwin Mansilla
Filed: 2017-06-23
Decided: 2018-10-17
Vaccine: influenza
Vaccination date: 2015-03-10
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 80346

AI-assisted case summary:
Erwin Mansilla filed a petition for compensation under the National Vaccine Injury Compensation Program on June 23, 2017, alleging he suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on March 10, 2015. The case was assigned to the Special Processing Unit. On March 6, 2018, the respondent conceded entitlement, stating that petitioner met the criteria for a Table injury with a presumption of causation for GBS. A ruling on entitlement was issued on March 6, 2018, finding petitioner entitled to compensation. On July 27, 2018, the respondent filed a proffer on award of compensation, proposing an award of $80,346.00, consisting of $78,000.00 for pain and suffering and $2,346.00 for out-of-pocket unreimbursed expenses. Petitioner agreed with the proffered award. On October 17, 2018, the Chief Special Master issued a decision awarding petitioner a lump sum payment of $80,346.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00861-0
Date issued/filed: 2018-10-17
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 07/27/2018) regarding 34 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00861-UNJ Document 43 Filed 10/17/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0861V
Filed: July 27, 2018
UNPUBLISHED
ERWIN MANSILLA,
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.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On June 23, 2017, Erwin Mansilla (“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-Barré syndrome
(“GBS”) as a result of an influenza (“flu”) vaccine administered to him on March 10,
2015. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On March 6, 2018, a ruling on entitlement was issued, finding petitioner entitled
to compensation. On July 27, 2018, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $80,346.00 (consisting
of $78,000.00 in pain and suffering and $2,346.00 in out-of-pocket unreimbursed
expenses). Proffer at 1. In the Proffer, respondent represented that petitioner agrees
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-00861-UNJ Document 43 Filed 10/17/18 Page 2 of 4
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 attached Proffer, the undersigned awards
petitioner a lump sum payment of $80,346.00 (consisting of $78,000.00 in pain and
suffering and $2,346.00 in out-of-pocket unreimbursed expenses), in the form of a
check payable to petitioner, Erwin Mansilla. 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 1:17-vv-00861-UNJ Document 43 Filed 10/17/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ERWIN MANSILLA, )
)
Petitioner, ) No. 17-861V
) Chief Special Master
v. ) Nora Beth Dorsey
) ECF
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On March 6, 2018, respondent filed her Rule 4(c) Report, in which she conceded
entitlement. On March 6, 2018, the Court issued a Ruling on Entitlement, finding that
petitioner is entitled to compensation. Respondent now proffers that petitioner receive an
award of a lump sum of $80,346.00 (consisting of $78,000.00 in pain and suffering and
$2,346.00 in out of pocket unreimbursed 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 $80,346.00.
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
1 Should petitioner die prior to the 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 lost earnings, and future pain and suffering.
1

Case 1:17-vv-00861-UNJ Document 43 Filed 10/17/18 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/Camille M. Collett
CAMILLE M. COLLETT
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
DATED: July 27, 2018 (202) 616-4098
2

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-00861-2
Date issued/filed: 2018-10-24
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/06/2018) regarding 23 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00861-UNJ Document 45 Filed 10/24/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0861V
Filed: March 6, 2018
UNPUBLISHED
ERWIN MANSILLA,
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.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On June 23, 2017, Erwin Mansilla (“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-Barré syndrome
(“GBS”) as a result of an influenza (“flu”) vaccine administered to him on March 10,
2015. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On March 6, 2018, 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 states that “petitioner has satisfied the criteria set forth in
the recently 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 1:17-vv-00861-UNJ Document 45 Filed 10/24/18 Page 2 of 2
Interpretation (QAI), which afford petitioner a presumption of causation if the onset of
GBS occurs between three and forth-two days after a seasonal flu vaccination and there
is no apparent alternative cause.” Id. at 10.
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