VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00744
Package ID: USCOURTS-cofc-1_19-vv-00744
Petitioner: A.S.
Filed: 2019-11-08
Decided: 2020-04-03
Vaccine: influenza
Vaccination date: 2017-10-14
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 186651

AI-assisted case summary:
On May 20, 2019, Patricia Taylor filed a petition under the National Vaccine Injury Compensation Program on behalf of A.S., a minor child. The petition alleged that an influenza vaccination administered on October 14, 2017, caused A.S. to develop Guillain-Barre Syndrome (GBS). The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on October 31, 2019, conceding that A.S. was entitled to compensation. The respondent stated that medical personnel reviewed the petition and medical records and concluded that the petitioner satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. On November 8, 2019, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement, finding A.S. entitled to compensation based on the respondent's concession. Subsequently, on March 3, 2020, the respondent filed a proffer on the award of compensation. The parties agreed to a total award of $186,651.94. This amount comprised $110,000.00 for pain and suffering and $76,651.94 to satisfy a Texas Medicaid lien. Chief Special Master Corcoran issued a Decision Awarding Damages on April 3, 2020, approving the proffered award. The decision stipulated that the $110,000.00 for pain and suffering would be paid as a lump sum to petitioner as guardian/conservator of A.S., contingent upon proof of guardianship. The $76,651.94 for the Texas Medicaid lien was to be paid jointly to petitioner and TMHP TPL – Tort Department, with petitioner agreeing to endorse the payment to Texas Medicaid. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received by A.S. Petitioner was represented by Michael Adly Baseluos of Baseluos Law Firm, PLLC, and respondent was represented by Kyle Edward Pozza of the U.S. Department of Justice.

Theory of causation field:
Petitioner A.S., a minor, received an influenza vaccine on October 14, 2017. Petitioner alleged that this vaccination caused Guillain-Barre Syndrome (GBS). The respondent conceded entitlement, stating that the injury was on the Vaccine Injury Table and met the Qualifications and Aids to Interpretation. The public text does not detail the specific mechanism of causation, expert testimony, or clinical findings. A Ruling on Entitlement was issued on November 8, 2019, by Chief Special Master Brian H. Corcoran, finding entitlement based on the respondent's concession. A subsequent Decision Awarding Damages was issued on April 3, 2020, by Chief Special Master Corcoran, awarding a total of $186,651.94. This award included $110,000.00 for pain and suffering and $76,651.94 to satisfy a Texas Medicaid lien. Petitioner counsel was Michael Adly Baseluos, and respondent counsel was Kyle Edward Pozza.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00744-0
Date issued/filed: 2019-12-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/08/2019) regarding 14 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ypb) Service on parties made.
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Case 1:19-vv-00744-UNJ Document 18 Filed 12/27/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-744V
UNPUBLISHED
AS, by her mother, PATRICIA Chief Special Master Corcoran
TAYLOR,
Filed: November 8, 2019
Petitioner,
v. Special Processing Unit (SPU);
Ruling on Entitlement; Concession;
SECRETARY OF HEALTH AND Table Injury; Influenza (Flu) Vaccine;
HUMAN SERVICES, Guillain-Barre Syndrome (GBS)
Respondent.
Michael Adly Baseluos, Baseluos Law Firm, PLLC, San Antonio, TX, for petitioner.
Kyle Edward Pozza, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On May 20, 2019, Patricia Taylor 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 AS, a minor child. Petitioner alleges that AS’s October 14,
2017 influneza (“flu”) vaccination caused her to suffer Guillain-Barre Syndrome (“GBS”).
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On October 31, 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 indicates that
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-00744-UNJ Document 18 Filed 12/27/19 Page 2 of 2
[m]edical personnel at DICP have reviewed the petition and medical
record evidence filed in this case. It is respondent’s position that petitioner
has satisfied the criteria set forth in the Table and the Qualifications and
Aids to Interpretation (“QAI”). See 42 C.F.R. §§ 100.3(a)(XIV),
100.3(c)(15).
Id. at 6-7.
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-00744-1
Date issued/filed: 2020-04-03
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 03/04/2020) regarding 23 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00744-UNJ Document 27 Filed 04/03/20 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-744V
UNPUBLISHED
AS, by her mother, PATRICIA Chief Special Master Corcoran
TAYLOR,
Filed: March 4, 2020
Petitioner,
v. Special Processing Unit (SPU);
Damages Decision Based on Proffer;
SECRETARY OF HEALTH AND Influenza (Flu) Vaccine; Guillain-
HUMAN SERVICES, Barre Syndrome (GBS)
Respondent.
Michael Adly Baseluos, Baseluos Law Firm, PLLC, San Antonio, TX, for petitioner.
Kyle Edward Pozza, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On May 20, 2019, Patricia Taylor, 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 her minor child, AS. Petitioner alleges that AS
suffered Guillain-Barre Syndrome (“GBS”) as a result of an influneza (“flu”) vaccination
on October 14, 2017. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On November 8, 2019, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for GBS. On March 3, 2020, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded
compensation of $110,000.00 for actual and projected pain and suffering, and
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-00744-UNJ Document 27 Filed 04/03/20 Page 2 of 5
$76,651.94 to satisfy a Texas Medicaid lien. Proffer at 1-2. 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 compensation as
follows:
A. A lump sum payment of $110,000.00 representing compensation for pain
and suffering, in the form of a check payable to petitioner as
guardian/conservator of A.S., for the benefit of A.S. No payment shall be
made until petitioner provides respondent with documentation establishing
that she has been appointed guardian/conservator of A.S.
B. A lump sum payment of $76,651.94, representing compensation for
satisfaction of the Texas Medicaid lien, payable jointly to petitioner and
TMHP TPL – Tort Department
Attn: Tort Receivables
P.O. Box 202948
Austin, TX 78720-2948
Tel: 1-800-925-9126
Case ID #: 810303725131218
Petitioner agrees to endorse this payment to Texas Medicaid.
Id. at 2. 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-00744-UNJ Document 27 Filed 04/03/20 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
A.S., a minor by her mother, ) No. 19-744V
PATRICIA TAYLOR, )
) Chief Special Master Brian H. Corcoran
Petitioner, ) ECF
)
v. )
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 31, 2019, respondent filed a Rule 4(c) Report conceding that petitioner is
entitled to vaccine compensation on behalf of minor A.S., for A.S.’s Guillain-Barre Syndrome
(“GBS”) suffered following receipt of an influenza (“flu”) vaccination on October 14, 2017. On
November 8, 2019, the Court issued a Ruling on Entitlement, adopting respondent’s
recommendation. Respondent now proffers the following regarding the amount of compensation
to be awarded, which encompass all elements of damages petitioner would be entitled to under
42 U.S.C. § 300aa-15(a).1
I. Compensation for Vaccine Injury-Related Items
A. Pain and Suffering
Respondent proffers that A.S. should be awarded $110,000.00 in actual and projected
pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
1 Should A.S. die prior to entry of judgment, the parties reserve the right to move the Court for
appropriate relief.
1

Case 1:19-vv-00744-UNJ Document 27 Filed 04/03/20 Page 4 of 5
B. Texas Medicaid Lien
Respondent proffers that A.S. should be awarded funds to satisfy a Texas Medicaid lien
in the amount of $76,651.94, which represents full satisfaction of any right of subrogation,
assignment, claim, lien, or cause of action that Texas may have against any individual as a result
of any Medicaid payments Texas has made to or on behalf of A.S. from the date of her eligibility
for benefits through the date of judgment in this case as a result of her vaccine-related injury
suffered on or about October 14, 2017, under Title XIX of the Social Security Act.
II. Form of the Award
The parties recommend that the compensation provided to A.S. should be made through
lump sum payments as described below, and request that the special master’s decision and the
Court’s judgment award the following:
A. A lump sum payment of $110,000.00 representing compensation for pain and suffering,
in the form of a check payable to petitioner as guardian/conservator of A.S., for the benefit of
A.S. No payment shall be made until petitioner provides respondent with documentation
establishing that she has been appointed guardian/conservator of A.S.
B. A lump sum payment of $76,651.94, representing compensation for satisfaction of the
Texas Medicaid lien, payable jointly to petitioner and
TMHP TPL – Tort Department
Attn: Tort Receivables
P.O. Box 202948
Austin, TX 78720-2948
Tel: 1-800-925-9126
Case ID #: 810303725131218
Petitioner agrees to endorse this payment to Texas Medicaid.
2

Case 1:19-vv-00744-UNJ Document 27 Filed 04/03/20 Page 5 of 5
III. Guardianship
No payments shall be made until petitioner provides respondent with documentation
establishing that she has been appointed as the guardian/conservator of A.S. If petitioner is not
authorized by a court of competent jurisdiction to serve as guardian/conservator of A.S., any
such payment shall be made to the party or parties appointed by a court of competent jurisdiction
to serve as guardian/ conservator of A.S. upon submission of written documentation of such
appointment to the Secretary.
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ Kyle E. Pozza__________
KYLE E. POZZA
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) 616-3661
Kyle.Pozza@usdoj.gov
Dated: March 4, 2020
3