VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01234
Package ID: USCOURTS-cofc-1_17-vv-01234
Petitioner: Ofilia Arechiga
Filed: 2017-09-12
Decided: 2018-12-12
Vaccine: influenza
Vaccination date: 2016-11-01
Condition: Guillain-Barre syndrome (GBS)
Outcome: compensated
Award amount USD: 128741

AI-assisted case summary:
Ofilia Arechiga filed a petition for compensation on September 12, 2017, alleging that she suffered Guillain-Barre syndrome (GBS) as a result of an influenza vaccine she received on November 1, 2016. The respondent filed a Rule 4(c) report conceding that petitioner was entitled to compensation, stating that she met the criteria for GBS set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. The respondent further agreed that her GBS resulted in inpatient hospitalization and surgical intervention. A ruling on entitlement was issued on August 22, 2018, finding her entitled to compensation. Subsequently, on October 11, 2018, the respondent filed a proffer on award of compensation, recommending a total award of $128,741.53, comprised of $125,000.00 for pain and suffering and $3,741.53 for past unreimbursable expenses. The petitioner agreed with this proffered award. The decision dated December 12, 2018, awarded the petitioner the lump sum of $128,741.53.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01234-0
Date issued/filed: 2018-10-23
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/22/2018) regarding 29 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01234-UNJ Document 39 Filed 10/23/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1234V
Filed: August 22, 2018
UNPUBLISHED
OFILIA ARECHIGA,
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.
Nancy Routh Meyers, Ward Black Law, Greensboro, NC, for petitioner.
Sherry Denise Soanes, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On September 12, 2017, Ofilia Arechiga (“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 an influenza (“flu”) vaccine she received on
November 1, 2016. Petition at 1, ¶2. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On August 21, 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 for GBS set
forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. The
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-01234-UNJ Document 39 Filed 10/23/18 Page 2 of 2
records support that Petitioner suffered the first symptom or manifestation of the onset
in the time period after vaccination administration set forth in the Vaccine Injury Table,
and suffered the residual effects or complications for more than 6 months after the
administration of the vaccine.” Id. at 3-4 (internal citations omitted). Respondent further
agrees that petitioner’s GBS resulted in inpatient hospitalization and surgical
intervention. 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-01234-1
Date issued/filed: 2018-12-12
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 10/11/2018) regarding 35 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01234-UNJ Document 46 Filed 12/12/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1234V
Filed: October 11, 2018
UNPUBLISHED
OFILIA ARECHIGA,
Special Processing Unit (SPU);
Damages Decision Based on Proffer;
Petitioner,
Influenza (Flu) Vaccine; Guillain-
v.
Barré Syndrome (GBS)
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
Nancy Routh Meyers, Ward Black Law, Greensboro, NC, for petitioner.
Heather Lynn Pearlman, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On September 12, 2017, Ofilia Arechiga (“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”) as a result of an influenza (“flu”) vaccine she received on
November 1, 2016. Petition at 1, ¶2. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On August 22, 2018, a ruling on entitlement was issued, finding petitioner entitled
to compensation. On October 11, 2018, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded a total of $128,741.53
(comprised of $125,000.00 for pain and suffering and $3,741.53 for past unreimbursable
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-01234-UNJ Document 46 Filed 12/12/18 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 $128,741.53 (comprised of $125,000.00 for pain
and suffering and $3,741.53 for past unreimbursable expenses), in the form of a
check payable to petitioner, Ofilia Arechiga. 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-01234-UNJ Document 46 Filed 12/12/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
OFILIA ARECHIGA,
)
)
Petitioner,
) No. 17-1234V
v.
) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND HUMAN
)
SERVICES,
)
)
Respondent.
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
Petitioner filed her petition for compensation on September 12, 2017, alleging that she
suffered Guillain-Barre Syndrome (“GBS”) as the result of an influenza vaccination. On
August 21, 2018, respondent filed a Rule 4(c) Report, stating that petitioner had satisfied the
criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. 42
C.F.R. §§ 100.3(a)(XIV)(D), 100.3(c)(15). The following day, August 22, 2018, Chief Special
Master Dorsey issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine
compensation for her GBS.
I. Compensation for Vaccine Injury-Related Items
Based on the evidence of record, respondent proffers that petitioner should be awarded
$128,741.53. The $128,741.53 is comprised of $125,000.00 for pain and suffering and
$3,741.53 for past unreimbursable expenses, and it represents all elements of compensation to
which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
1

Case 1:17-vv-01234-UNJ Document 46 Filed 12/12/18 Page 4 of 4
II. Form of the Award
Respondent recommends that the compensation provided to petitioner be made through a
lump sum payment of $128,741.53, 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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/ Heather L. Pearlman
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 353-2699
Dated: October 11, 2018
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 lost earnings
and future pain and suffering.
2