VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00702
Package ID: USCOURTS-cofc-1_19-vv-00702
Petitioner: Antonio Perez
Filed: 2019-10-17
Decided: 2020-04-06
Vaccine: influenza
Vaccination date: 2018-09-18
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 84265

AI-assisted case summary:
Antonio Perez filed a petition for compensation under the National Vaccine Injury Compensation Program on May 14, 2019, alleging that he suffered from Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on September 18, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on October 15, 2019, conceding that Mr. Perez was entitled to compensation. The respondent stated that Mr. Perez satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. On October 17, 2019, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement, finding Mr. Perez entitled to compensation. Subsequently, on February 27, 2020, the respondent filed a proffer on the award of compensation. On April 6, 2020, Chief Special Master Corcoran issued a Decision Awarding Damages. The parties stipulated to an award of $84,265.00. This amount included $83,500.00 for pain and suffering and $765.00 for past unreimbursed medical expenses. The award was to be paid as a lump sum check payable to Mr. Perez, who is a competent adult. Petitioner was represented by Michael Adly Baseluos of Baseluos Law Firm, PLLC, and respondent was represented by Mark Kim Hellie of the U.S. Department of Justice.

Theory of causation field:
Petitioner Antonio Perez alleged Guillain-Barre Syndrome (GBS) following an influenza vaccine administered on September 18, 2018. The respondent conceded that petitioner satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on October 17, 2019, finding petitioner entitled to compensation. A subsequent Decision Awarding Damages was issued on April 6, 2020, based on a proffer filed by the respondent on February 27, 2020. The parties stipulated to an award of $84,265.00, comprising $83,500.00 for pain and suffering and $765.00 for past unreimbursed medical expenses. Petitioner was represented by Michael Adly Baseluos, and respondent was represented by Mark K. Hellie. The public decision does not describe the specific mechanism of causation, onset, symptoms, tests, or treatments.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00702-0
Date issued/filed: 2019-12-20
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/17/2019) regarding 20 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ypb) Service on parties made.
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Case 1:19-vv-00702-UNJ Document 24 Filed 12/20/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-702V
Filed: October 17, 2019
UNPUBLISHED
ANTONIO PEREZ,
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.
Michael Adly Baseluos, Baseluos Law Firm, PLLC, San Antonio, TX, for petitioner.
Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Corcoran, Chief Special Master:
On May 14, 2019, 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 he suffered from Guillain-Barre Syndrome (“GBS”) as a
result of an influenza (“flu”) vaccine administered on September 18, 2018. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On October 15, 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
1 I intend 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, I agree that the identified
material fits within this definition, I will redact such material from public access. 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).
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 1:19-vv-00702-UNJ Document 24 Filed 12/20/19 Page 2 of 2
at 1. Specifically, respondent stated that it is his position “that petitioenr has satisfied
the criteria set froth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids
to Interpretation (“QAI”).” Id. at 5.
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_19-vv-00702-1
Date issued/filed: 2020-04-06
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 03/04/2020) regarding 30 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00702-UNJ Document 35 Filed 04/06/20 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-702V
UNPUBLISHED
ANTONIO PEREZ, Chief Special Master Corcoran
Petitioner, Filed: March 4, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Guillain-
Barre Syndrome (GBS)
Respondent.
Michael Adly Baseluos, Baseluos Law Firm, PLLC, San Antonio, TX, for petitioner.
Mark K. Hellie, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On May 14, 2019, Antonio Perez 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 from Guillain-Barre Syndrome
(“GBS”) caused by an influenza (“flu”) vaccination. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On October 17, 2019, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for GBS. On February 27, 2020, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $84,265.00
comprised of $83,500.00 for pain and suffering, and $765.00 in past unreimbursed
medical expenses. Proffer at 1. In the Proffer, Respondent represented that Petitioner
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 1:19-vv-00702-UNJ Document 35 Filed 04/06/20 Page 2 of 4
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 $84,265.00 (comprised of $83,500.00 for pain and suffering, and
$765.00 in past unreimbursed medical expenses) 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 1:19-vv-00702-UNJ Document 35 Filed 04/06/20 Page 3 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
ANTONIO PEREZ,
Petitioner,
Case No. 19-702V (ECF)
v. CHIEF SPECIAL MASTER
CORCORAN
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On May 14, 2019, petitioner filed a petition seeking compensation under the
Vaccine Act for Guillain-Barre Syndrome (GBS) that he claimed occurred within the
Table timeframe following a flu vaccine. On October 15, 2019, respondent conceded that
entitlement to compensation was appropriate under the terms of the Vaccine Act.
Thereafter, on December 20, 2019, the Special Master issued a Ruling on Entitlement,
finding that petitioner was entitled to vaccine compensation for a GBS Table injury.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be
awarded $84,265.00. The award is comprised of the following: $83,500.00 for pain and
suffering and $765.00 in past unreimbursed medical expenses. This amount represents
all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-
15(a). Petitioner agrees.

Case 1:19-vv-00702-UNJ Document 35 Filed 04/06/20 Page 4 of 4
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made
through a lump sum payment of $84,265.00, in the form of a check payable to petitioner.
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/ Mark K. Hellie
MARK K. HELLIE
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
T: (202) 616-4208
E: mark.hellie@usdoj.gov
DATED: February 27, 2020
2