VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01827
Package ID: USCOURTS-cofc-1_17-vv-01827
Petitioner: Alex Rubio, Jr.
Filed: 2017-11-21
Decided: 2019-02-06
Vaccine: influenza
Vaccination date: 2016-09-30
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 330000

AI-assisted case summary:
On November 21, 2017, Maria Cristina Rubio, as personal representative for the estate of Alex Rubio, Jr., filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that Alex Rubio, Jr. received an influenza vaccine on September 30, 2016, and subsequently developed Guillain-Barré syndrome (GBS), which resulted in his death on November 16, 2016. The respondent denied that the vaccine caused the alleged GBS or death. The parties, represented by Darlene Mayre Carroll for the petitioner and Darryl R. Wishard for the respondent, filed a joint stipulation on December 17, 2018, agreeing to settle the case. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Pursuant to the stipulation, a lump sum award of $330,000.00 was granted, payable to Maria Cristina Rubio as the personal representative of the estate. This amount is intended to compensate for all damages available under the Vaccine Act. The case was processed as a Table claim. The stipulation also addressed future proceedings for attorneys' fees and costs, and stipulated that payments would be made in accordance with 42 U.S.C. § 300aa-15(i). The petitioner released the United States and the Secretary of Health and Human Services from all claims related to the alleged vaccine injury and death. The decision was made public on February 6, 2019.

Theory of causation field:
Petitioner alleged that the influenza vaccine administered on September 30, 2016, caused Guillain-Barré syndrome (GBS) and subsequent death on November 16, 2016. Respondent denied causation. The parties filed a joint stipulation agreeing to settle the case, processed as a Table claim. The stipulation stated that the award of $330,000.00 represents compensation for all damages available under 42 U.S.C. § 300aa-15(a). The public decision does not describe the specific mechanism of causation, expert testimony, or detailed clinical facts regarding the alleged GBS or death. The stipulation was approved by Chief Special Master Nora Beth Dorsey on December 19, 2018, and the decision was issued on February 6, 2019. Petitioner's counsel was Darlene Mayre Carroll, and respondent's counsel was Darryl R. Wishard.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01827-0
Date issued/filed: 2019-02-06
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/19/2018) 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-01827-UNJ Document 37 Filed 02/06/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1827V
Filed: December 19, 2018
UNPUBLISHED
MARIA CRISTINA RUBIO, Personal
Representative, on behalf of the estate
of ALEX RUBIO, JR.,
Special Processing Unit (SPU); Joint
Stipulation on Damages; Influenza
Petitioner,
(Flu) Vaccine; Guillain-Barre
v.
Syndrome (GBS)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Darlene Mayre Carroll, Carroll Law Firm, PLLC, Oklahoma City, OK, for petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On November 21, 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”) on behalf of decedent Alex Rubio, Jr. (“the decedent”). Petitioner alleges
the decedent developed Guillain-Barré syndrome (“GBS”) caused by an influenza
vaccination he received on September 30, 2016, which resulted in his death on
November 16, 2016. Petition at 1; Stipulation, filed December 17, 2018, at ¶¶ 1-4.
“Respondent denies that the vaccine caused the decedent’s alleged GBS, any other
injury, or his death.” 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-01827-UNJ Document 37 Filed 02/06/19 Page 2 of 7
Nevertheless, on December 17, 2018, 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 $330,000.00 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-01827-UNJ Document 37 Filed 02/06/19 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
MARIA CRISTINA RUBIO, )
PERSONAL REPRESENTATIVE, )
ON BEHALF OF )
THE ESTATE OF ALEX Y. RUBIO, JR. )
)
Petitioner, ) No. 17-1827V ECF
)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
STIPULATION
The parties hereby stipulate to the following matters:
1. Petitioner, Maria Cristina Rubio, as personal representative of the Estate of Alex Y.
Rubio, Jr. (“decedent”), filed a petition for vaccine compensation under the National Vaccine
Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to 34 (the “Vaccine Program”). The
petition seeks compensation for injuries allegedly related to the decedent’s receipt of the
influenza vaccine (“vaccine”), which is contained in the Vaccine Injury Table (the “Table”), 42
C.F.R. § 100.3(a).
2. On September 30, 2016, the decedent received the vaccine.
3. The vaccine was administered within the United States.
4. Petitioner alleges that the decedent developed Guillain-Barre syndrome (“GBS”)
from the vaccine, and that his death on November 16, 2016 was a result of his alleged injury.
5. Petitioner represents that there has been no prior award or settlement of a civil action
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for damages as a result of decedent’s alleged injuries and death.
6. Respondent denies that the vaccine caused the decedent’s alleged GBS, any other
injury, or his death.
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 filed an election to receive
compensation pursuant to 42 U.S.C. § 300aa-21(a)(1), the Secretary of Health and Human
Services will issue the following vaccine compensation payment:
A lump sum of $330,000.00, in the form of a check payable to petitioner, as the
personal representative of the Estate of Alex Y. Rubio, Jr. This amount
represents compensation for all damages that would be available under 42 U.S.C.
§ 300aa-15(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. Section 300aa-21(a)(1), 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.
10. 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-15(i), subject
to the availability of sufficient statutory funds.
11. Petitioner represents that she presently is, or within 90 days of the date of
judgment will become, duly authorized to serve as the legal representatives of decedent’s estate
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under the laws of the State of Oklahoma.
12. In return for the payments described in paragraphs 8 and 9, petitioner, individually
and in her capacity as the personal representative of the Estate of Alex Y. Rubio, Jr., and on
behalf of the Estate and his heirs, executors, and assigns, does forever irrevocably and
unconditionally release, acquit and discharge the United States and the Secretary of Health and
Human Services from any and all actions, 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 the decedent resulting from, or alleged to have
resulted from, the influenza vaccine administered on September 30, 2016, as alleged by
petitioner in a petition for vaccine compensation filed on or about November 21, 2017, in the
United States Court of Federal Claims as petition No. 17-1827.
13. 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.
14. This Stipulation expresses 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 part
of the parties hereto to make any payment or to do any act or thing other than is herein expressly
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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.
15. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the decedent’s death, or any other injury, was
caused by his influenza vaccination.
16. All rights and obligations of petitioner hereunder shall apply equally to
petitioner’s heirs, executors, administrators, successors, and/or assigns as legal representatives of
the Estate of Alex Y. Rubio, Jr.
END OF STIPULATION
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