VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01410
Package ID: USCOURTS-cofc-1_18-vv-01410
Petitioner: Benjamin Gonzales
Filed: 2018-09-14
Decided: 2020-01-06
Vaccine: influenza
Vaccination date: 2016-12-09
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 85637

AI-assisted case summary:
Benjamin Gonzales filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on December 9, 2016. The respondent conceded that Mr. Gonzales was entitled to compensation, agreeing that he met the criteria set forth in the Vaccine Injury Table for GBS. The respondent further agreed that the onset of GBS occurred between three and forty-two days after the vaccination and that there was no apparent alternative cause. The records also showed that Mr. Gonzales suffered the sequelae of his injury for more than six months after vaccination. Based on the respondent's concession and the evidence, the court found Mr. Gonzales entitled to compensation. Subsequently, the parties reached a stipulation for damages. The respondent proffered an award of $85,637.87, consisting of $85,000.00 for pain and suffering and $637.87 for past unreimbursed expenses. Mr. Gonzales agreed with this award. The court issued a decision awarding Mr. Gonzales a lump sum payment of $85,637.87.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01410-0
Date issued/filed: 2019-11-21
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/19/2019) regarding 27 Ruling on Entitlement Signed by Special Master Nora Beth Dorsey. (sw) Service on parties made.
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Case 1:18-vv-01410-UNJ Document 31 Filed 11/21/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1410V
Filed: September 19, 2019
UNPUBLISHED
BENJAMIN GONZALES,
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.
Bridget McCullough, Muller Brazil, LLP, for petitioner.
Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On September 14, 2018, 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 that he suffered Guillain-Barre Syndrome (“GBS”)
as a result of an influenza (“flu”) vaccine administered on December 9, 2016. Petition at
1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On September 16, 2019, 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 concedes that petitioner has satisfied the
criteria set forth in the Vaccine Injury 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 1:18-vv-01410-UNJ Document 31 Filed 11/21/19 Page 2 of 2
Interpretation which afford petitioner a presumption of causation if the onset of GBS
occurs between three and forty-two days after a seasonal flu vaccination and there is no
apparent alternative cause. Id. at 4. Respondent further agrees that petitioner’s
records show that he suffered the sequela of his injury for more than six months after
vaccination. 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_18-vv-01410-1
Date issued/filed: 2020-01-06
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 11/26/2019) regarding 33 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01410-UNJ Document 43 Filed 01/06/20 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1410V
UNPUBLISHED
BENJAMIN GONZALES, Chief Special Master Corcoran
Petitioner, Filed: November 26, 2019
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Guillain-
Barre Syndrome (GBS)
Respondent.
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for petitioner.
Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On September 14, 2018, Benjamin Gonzales 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 the result of an influenza vaccination on December 9, 2016. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On September 19, 2019, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for GBS. On November 22, 2019, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded
$85,637.87 consisting of pain and suffering ($85,000.00) and past unreimbursed
expenses ($637.87). Proffer at 1. In the Proffer, Respondent represented that
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am
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). This means the ruling 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, I agree that the identified material fits within this definition, I 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 1:18-vv-01410-UNJ Document 43 Filed 01/06/20 Page 2 of 4
Petitioner agrees with the proffered award. Id. Based on the record as a whole, I find
that Petitioner is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $85,637.87 in the form of a check payable to Petitioner. 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/Brian H. Corcoran
Brian H. Corcoran
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 1:18-vv-01410-UNJ Document 43 Filed 01/06/20 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
BENJAMIN GONZALES, )
)
Petitioner, )
) No. 18-1410V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On September 14, 2018, Benjamin Gonzales (“petitioner”) filed a petition for vaccine
injury compensation alleging that he suffered Guillain-Barre Syndrome (“GBS”) as result of an
influenza (“flu”) vaccine administered on December 9, 2016. On September 16, 2019,
respondent conceded that entitlement to compensation was appropriate under the terms of the
Vaccine Act. On September 19, 2019, 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
$85,637.87, consisting of pain and suffering ($85,000.00) and past unreimbursed expenses
($637.87), 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 1:18-vv-01410-UNJ Document 43 Filed 01/06/20 Page 4 of 4
lump sum payment of $85,637.87 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: November 22, 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