VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01850 Package ID: USCOURTS-cofc-1_18-vv-01850 Petitioner: Ronny Echeverri Filed: 2018-12-03 Decided: 2021-09-14 Vaccine: influenza Vaccination date: 2015-12-30 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 262714 AI-assisted case summary: Ronny Echeverri 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 vaccination he received on December 30, 2015. The petition stated that his injuries lasted for more than six months and that no civil action or prior compensation had been sought. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Echeverri was entitled to compensation. The respondent agreed that Mr. Echeverri suffered GBS following the flu vaccine within the Table time period and that the preponderance of the medical evidence did not show an unrelated cause. The respondent also confirmed that the claim met the statutory severity requirements. Based on the respondent's concession and the evidence, a ruling on entitlement was issued on January 17, 2020, finding Mr. Echeverri entitled to compensation. Subsequently, on August 10, 2021, the parties submitted a proffer on award of compensation. The proffer recommended a total award of $262,714.43, comprising $230,000.00 for pain and suffering and $13,207.44 for past unreimbursable expenses, plus $19,506.99 to satisfy a State of California Medicaid lien. Mr. Echeverri agreed with this proffered award. A decision awarding damages was issued on September 14, 2021, granting the total compensation amount. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01850-0 Date issued/filed: 2020-02-19 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 01/17/2020) regarding 27 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01850-UNJ Document 30 Filed 02/19/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1850V UNPUBLISHED RONNY ECHEVERRI, Chief Special Master Corcoran Petitioner, Filed: January 17, 2020 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine; Guillain-Barre Syndrome (GBS) Respondent. Theodore J. Hong, Maglio Christopher & Toale, PA, Seattle, WA, for petitioner. Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On December 3, 2018, Ronny Echeverri 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 as a result of an adverse reaction to the influenza vaccination he received on December 30, 2015. Petition at 1, 3. Petitioner further alleges that he received the vaccination in the United States, that he suffered the residual effects of his GBS for more than six months, and that neither he nor any other party has filed a civil action or received compensation for his GBS. Id. at 4. 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-01850-UNJ Document 30 Filed 02/19/20 Page 2 of 2 On January 16, 2020, 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 asserts that Petitioner “suffered GBS following a flu vaccine within the Table time period, and there is not a preponderance of the medical evidence that petitioner’s GBS was due to a factor unrelated to the vaccination. The claim also meets the statutory severity requirements because petitioner experienced sequelae of his GBS for more than six months.” Id. at 4 (citing 42 C.F.R. § 100.3(a); 42 U.S.C. §§ 300aa-13(a)(1), 300aa-11(c)(1)(D)(i). Respondent further agrees that “[t]he scope of damages to be awarded is limited to petitioner’s GBS and its related sequelae only.” 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_18-vv-01850-1 Date issued/filed: 2021-09-14 Pages: 6 Docket text: PUBLIC DECISION (Originally filed: 08/12/2021) regarding 48 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01850-UNJ Document 56 Filed 09/14/21 Page 1 of 6 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1850V UNPUBLISHED RONNY ECHEVERRI, Chief Special Master Corcoran Petitioner, Filed: August 12, 2021 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Influenza (Flu) Vaccine; Guillain- Barre Syndrome (GBS) Respondent. Theodore J. Hong, Maglio, Christopher & Toale PA, Seattle, WA, for Petitioner. Christine Mary Becer, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On December 3, 2018, Ronny Echeverri 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) resulting from the adverse effects of an influenza (flu) vaccination he received on December 30, 2015. Petition at 1-2. Petitioner further alleges that his vaccine-related injuries have lasted more than six months, and that neither he, nor any other party, has ever brought an action or received compensation in the form of an award or settlement for his vaccine-related injuries. Petition at 4. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 17, 2020, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS. On August 10, 2021, Respondent filed a proffer on award of 1 Because this unpublished decision 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 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, 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-01850-UNJ Document 56 Filed 09/14/21 Page 2 of 6 compensation (“Proffer”) indicating Petitioner should be awarded $243,207.44. Proffer at 2. 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 the following compensation: 1. A lump sum payment of $243,207.44, representing compensation for pain and suffering ($230,000.00) and past unreimbursable expenses ($13,207.44) in the form of a check payable to Petitioner, Ronny Echeverri. 2. A lump sum payment of $19,506.99, representing compensation for satisfaction of the State of California Medicaid lien, payable jointly to Petitioner and State of California-Health and Human Services Agency, and mailed to: State of California-Health and Human Services Agency Department of Health Care Services/Third Party Liability and Recovery Division Class Action Unit, MS 4720 P.O. Box 997425, Sacramento, CA 95899-7425 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-01850-UNJ Document 56 Filed 09/14/21 Page 3 of 6 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ____________________________________ ) RONNY ECHEVERRI, ) ) Petitioner, ) ) No. 18-1850V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ____________________________________) PROFFER ON AWARD OF COMPENSATION1 I. Procedural History On December 3, 2018, Ronny Echeverri (“petitioner”) filed a petition for compensation (“petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to - 34, as amended. He alleges that, as a result of receiving the influenza vaccine on December 30, 2015, he suffered from Guillain-Barre Syndrome (GBS). See Petition. On January 16, 2020, respondent filed his Vaccine Rule 4(c) report, concluding that petitioner suffered GBS as defined by the Vaccine Injury Table, within the Table timeframe. See ECF No. 26. On January 17, 2020, Chief Special Master Corcoran issued a ruling on entitlement, finding that petitioner was entitled to compensation for a GBS Table injury. See ECF No. 27. 1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after the Damages Decision is issued. Case 1:18-vv-01850-UNJ Document 56 Filed 09/14/21 Page 4 of 6 II. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $230,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. B. Past Unreimbursable Expenses Evidence supplied by petitioner documents that he incurred past unreimbursable expenses related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses of $13,207.44. See 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees. C. Medicaid Lien Respondent proffers that petitioner should be awarded funds to satisfy the State of California Medicaid lien of $19,506.99, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of California may have against any individual as a result of any Medicaid payments the State of California has made to or on behalf of petitioner from the date of his eligibility for benefits through the date of judgment in this case as a result of his alleged vaccine-related injury suffered on or about January 24, 2016, under Title XIX of the Social Security Act. Petitioner agrees. The above amounts represent all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. III. Form of the Award The parties recommend that compensation provided to petitioner should be made through two lump sum payments described below, and request that the Chief Special Master’s decision 2 Case 1:18-vv-01850-UNJ Document 56 Filed 09/14/21 Page 5 of 6 and the Court’s judgment award the following: 2 A. A lump sum payment of $243,207.44 in the form of a check payable to petitioner; and B. A lump sum payment of $19,506.99, representing compensation for satisfaction of the State of California Medicaid lien, in the form of a check payable jointly to petitioner and: State of California-Health and Human Services Agency Department of Health Care Services/Third Party Liability and Recovery Division Class Action Unit, MS 4720 P.O. Box 997425, Sacramento, CA 95899-7425 Petitioner agrees to endorse the check to the State of California-Health and Human Services Agency for satisfaction of the Medicaid lien. Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respectfully submitted, BRIAN M. BOYNTON Acting Assistant Attorney General C.SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division DARRYL R. WISHARD Assistant Director Torts Branch, Civil Division 2 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 medical expenses, future pain and suffering, and future lost wages. 3 Case 1:18-vv-01850-UNJ Document 56 Filed 09/14/21 Page 6 of 6 s/Christine Mary Becer CHRISTINE MARY BECER 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) 616-3665 Christine.m.becer@usdoj.gov Date: August 10, 2021 4