VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01042
Package ID: USCOURTS-cofc-1_17-vv-01042
Petitioner: Sergio Flores
Filed: 2017-08-02
Decided: 2019-11-08
Vaccine: influenza
Vaccination date: 2015-11-18
Condition: Guillain-Barre syndrome (GBS)
Outcome: compensated
Award amount USD: 95000

AI-assisted case summary:
Sergio Flores filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination received on November 18, 2015. The respondent, the Secretary of Health and Human Services, denied that Mr. Flores suffered a Table injury and denied that the flu vaccine caused his alleged GBS or any other injury. Despite these denials, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The Chief Special Master found the stipulation reasonable and adopted it as the decision of the Court. Mr. Flores was awarded a lump sum of $95,000.00 as compensation for all items of damages available under the Vaccine Act. The case proceeded as a Table claim, and the parties stipulated to the damages amount, settling the issues of liability and damages.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01042-0
Date issued/filed: 2019-11-08
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 8/19/2019) regarding 44 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made.
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Case 1:17-vv-01042-UNJ Document 48 Filed 11/08/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1042V
Filed: August 19, 2019
UNPUBLISHED
SERGIO FLORES,
Petitioner,
Special Processing Unit (SPU); Joint
v.
Stipulation on Damages; Influenza
(Flu) Vaccine; Guillain-Barre
SECRETARY OF HEALTH AND
Syndrome (GBS)
HUMAN SERVICES,
Respondent.
Neal A. Markowitz, Thorsnes Bartolotta McGuire LLP, San Diego, CA, for petitioner.
Althea Walker Davis, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On August 2, 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 a result of
an influenza vaccination received on November 18, 2015. Petition at 1; Stipulation, filed
August 14, 2019, at ¶¶ 2-4. Petitioner further alleges that the vaccine was administered
in the United States, that his GBS has persisted for more than six months, and that
neither petitioner nor any other party has filed an action for petitioner’s vaccine-related
injury. Petition at 4, 6; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner
suffered a Table injury, and denies that the flu vaccine caused petitioner’s alleged GBS
or any other injury or his current condition. ” Stipulation at ¶ 6.
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-01042-UNJ Document 48 Filed 11/08/19 Page 2 of 7
Nevertheless, on August 14, 2019, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. The undersigned
finds the stipulation reasonable and adopts it as the decision of the Court in awarding
damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, the undersigned
awards the following compensation:
A lump sum of $95,000.00 in the form of a check payable to petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of
damages that would be available under § 15(a). Id.
The undersigned approves the requested amount for petitioner’s compensation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, 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-01042-UNJ Document 48 Filed 11/08/19 Page 3 of 7
N THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
SERGIO FLORES, )
)
Petitioner, ) No. 17-1042V
) Chief Special Master
V. ) Nora Beth Dorsey/SPU
) ECF
SECRETARY OF HEAL TH )
AND HUMAN SERVICES, )
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
I. Sergio Flores, petitioner, filed a petition for vaccine compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l Oto 34 (the "Vaccine Program").
The petition seeks compensation for injuries allegedly related to petitioner's receipt of the
influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"),
42 C.F.R. § 100.3 (a).
2. Petitioner received the flu vaccine on November 18, 2015.
3. The vaccine was administered within the United States.
4. Petitioner alleges that he suffered Guillain-Barre syndrome ("OBS") as the result of
his flu vaccination. Alternatively, petitioner further alleges that he sustained a Table injury
resulting in OBS. Petitioner further alleges that he suffered the residual effects of his alleged
injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on his behalf as the result of his alleged vaccine injury.

Case 1:17-vv-01042-UNJ Document 48 Filed 11/08/19 Page 4 of 7
6. Respondent denies that petitioner suffered a Table injury, and denies that the flu
vaccine caused petitioner's alleged GBS or any other injury or his current condition.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has tiled an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2 I (a)(t ), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $95,000.00 in the form of a check payable to petitioner. This amount
represents compensation for all damages that would be available under 42 U.S.C. §
300aa-l5(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U. S.C. § 300aa-21 (a)( I), and an application, the parties will submit to further proceedings before
the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this
petition.
I 0. Petitioner and his attorney represent that they have identified to respondent all known
sources of payment for items or services for which the Program is not primarily liable under 42
U.S.C. § 300aa-15(g), including State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XlX of the Social Security Act (42 U.S.C§ 1396
et seq.)), or entities that provide health services on a pre-paid basis.
11. Payments made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-l 5(i), subject
2

Case 1:17-vv-01042-UNJ Document 48 Filed 11/08/19 Page 5 of 7
to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorney's fees and litigation costs, the money provided pursuant to this Stipulation will be
used solely for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C. §
300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in his
individual capacity, and on behalf of his heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and al I actions or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting
from, or alleged to have resulted from, the flu vaccination administered on November 18, 2015,
as alleged in a petition for vaccine compensation filed on or about August 2, 2017, in the United
States Court of Federal Claims as petition No. l 7-1042V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
3

Case 1:17-vv-01042-UNJ Document 48 Filed 11/08/19 Page 6 of 7
16. This Stipulation ex.presses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the pa11 of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged GBS or
any other injury or his current condition.
I 8. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:17-vv-01042-UNJ Document 48 Filed 11/08/19 Page 7 of 7
Respectfully submitted,
PETITIONER:
SERGid'FLORES
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: o / ~y~
, ~RINE E. REEVES
Thorsnes, Bartolotta Mc Deputy Director
2550 Fifth Avenue Torts Branch
Eleventh Floor Civil Division
San Diego, CA 92 I 03 U.S. Department of Justice
(619) 236-9363 P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE OF ATTORNEYOFRECORDFOR
THE SECRETARY OF HEALTH AND RESPONDENT:
HUMAN SERVICES:
(cid:141)
~I&/&
TAMARA OVERBY
Acting Director, Division of Injury Senior Trial Counsel
Compensation Programs Torts Branch
Healthcare Systems Bureau Civil Division
Health Resources and Services Administration U.S. Department of Justice
U.S. Department of Health and Human Services P.O. Box 146
5600 Fishers Lane Benjamin Franklin Station
Park lawn Building, Mail Stop 08N 1468 Washington, DC 20044-0146
Rockville, MD 20857 (20'.2) 616-0515
¥ /
/L/ ~
Dated:
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