VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01761
Package ID: USCOURTS-cofc-1_18-vv-01761
Petitioner: George Phillip Rivera aka George Rivera-Gonzalez
Filed: 2018-11-15
Decided: 2020-02-24
Vaccine: influenza
Vaccination date: 2018-01-26
Condition: Guillain-Barre syndrome (GBS)
Outcome: compensated
Award amount USD: 250000

AI-assisted case summary:
George Phillip Rivera, also known as George Rivera-Gonzalez, filed a petition for compensation under the National Vaccine Injury Compensation Program on November 15, 2018. He alleged that he developed Guillain-Barre syndrome (GBS) as a result of an influenza vaccine administered on January 26, 2018. The respondent conceded that the petitioner is entitled to compensation, as he satisfied the criteria for a Table injury, including a sound diagnosis of GBS, onset between three and forty-two days after vaccination, and no identified more likely alternative diagnosis. The respondent also agreed that the petitioner suffered residual effects for more than six months. Based on the concession and the evidence, the court found the petitioner entitled to compensation. Subsequently, on February 24, 2020, a decision awarding damages was issued. The respondent proffered an award of $250,000.00 for the petitioner's past and future pain and suffering, which the petitioner agreed to. The court awarded this lump sum payment to the petitioner.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01761-0
Date issued/filed: 2020-01-06
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/26/2019) regarding 28 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01761-UNJ Document 33 Filed 01/06/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1761V
UNPUBLISHED
GEORGE PHILLIP RIVERA, Chief Special Master Corcoran
also known as
GEORGE RIVERA-GONZALEZ Filed: November 26, 2019
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu) Vaccine;
SECRETARY OF HEALTH AND Guillain-Barre Syndrome (GBS)
HUMAN SERVICES,
Respondent.
Roberto Ruiz-Comas, RC Legal & Litigation Services PSC, San Juan, PR, for petitioner.
Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On November 15, 2018, George Phillip Rivera aka George Rivera-Gonzalez 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 developed
Guillain-Barre syndrome (“GBS”) as a result of an influenza vaccine administered to him
on January 26, 2018. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
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-01761-UNJ Document 33 Filed 01/06/20 Page 2 of 2
On November 25, 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 states that Petitioner has satisfied the criteria
set forth in the recently revised Vaccine Injury Table and the Qualifications and Aids to
Interpretation, which afford Petitioner the presumption of causation if: the diagnosis of
GBS is sound, the onset of GBS occurs between three and forty-two days after a
seasonal flu vaccination, and there is no identified more likely alternative diagnosis. Id.
at 3. Respondent further agrees that Petitioner suffered the residual effects of his GBS
for more than six months. Id. Respondent concludes that “[p]etitioner has satisfied all
legal prerequisites for compensation.” Id.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_18-vv-01761-1
Date issued/filed: 2020-02-24
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 01/21/2020) regarding 35 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01761-UNJ Document 41 Filed 02/24/20 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1761V
UNPUBLISHED
GEORGE PHILLIP RIVERA, Chief Special Master Corcoran
also known as
GEORGE RIVERA-GONZALEZ, Filed: January 21, 2020
Petitioner, Special Processing Unit (SPU);
v. Damages Decision Based on Proffer;
Influenza (Flu) Vaccine; Guillain-
SECRETARY OF HEALTH AND Barre Syndrome (GBS)
HUMAN SERVICES,
Respondent.
Roberto Ruiz-Comas, RC Legal & Litigation Services PSC, San Juan, PR, for petitioner.
Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On November 15, 2018, George Phillip Rivera aka George Rivera-Gonzalez 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 developed
Guillain-Barre syndrome (“GBS”) as a result of an influenza vaccine administered to him
on January 26, 2018. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On November 26, 2019, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for his GBS. On January 21, 2020, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded
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-01761-UNJ Document 41 Filed 02/24/20 Page 2 of 4
$250,000.00 for his past and future pain and suffering.3 Proffer at 1. In the Proffer,
Respondent represented that 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 $250,000.00, representing compensation for Petitioner’s actual
and projected pain and suffering, 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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 As a reduction to net present value is required for all compensation paid for Petitioner’s projected pain
and suffering (§ 15(f)(4)(A)) and this reduction is applied after the $250,000.00 cap for amounts for pain
and suffering (see (§ 15(a)(4); Youngblood v. Sec’y of Health & Human Servs., 32 F.3d 552, 554-55 (Fed.
Cir.1994)), I assume at least $250,000.00 is attributable to Petitioner’s past pain and suffering.
4 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-01761-UNJ Document 41 Filed 02/24/20 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
GEORGE PHILIP RIVERA, also known
as GEORGE RIVERA-GONZALEZ,
Petitioner,
No. 18-1761V
v. Chief Special Master Corcoran
ECF-SPU
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On November 15, 2018, George Phillip Rivera, also known as, George Rivera-Gonzalez
(“petitioner”) filed a petition for vaccine injury compensation alleging that he developed
Guillain-Barré syndrome (“GBS”), a Table injury, following receipt of an influenza (“flu”)
vaccination administered on January 26, 2018. Respondent filed his Rule 4(c) Report conceding
entitlement to compensation on November 25, 2019. The Court issued a Ruling on Entitlement
on November 26, 2019.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a total of $250,000.00 for his past and future pain and suffering. This represents all elements of
compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner
agrees.
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 damages.
1

Case 1:18-vv-01761-UNJ Document 41 Filed 02/24/20 Page 4 of 4
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $250,000.00 in the form of a check payable to petitioner.2
Petitioner agrees.
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/Lisa A. Watts
LISA A. WATTS
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel.: (202) 616-4099
DATED: January 21, 2020
2 Petitioner is a competent adult. Proof of guardianship is not required in this case.
2