VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00818 Package ID: USCOURTS-cofc-1_19-vv-00818 Petitioner: Ana Margarita Flores Filed: 2019-06-03 Decided: 2021-09-02 Vaccine: influenza Vaccination date: 2018-10-14 Condition: Guillain-Barré syndrome (GBS) Outcome: compensated Award amount USD: 89691 AI-assisted case summary: Ana Margarita Flores filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on October 14, 2018. The respondent conceded that Ms. Flores was entitled to compensation, finding her GBS to be a Table injury consistent with the flu vaccination. The respondent noted that the onset of her symptoms fell within 3 to 42 days after vaccination and that there was no evidence of an unrelated cause. The respondent also agreed that her injury persisted for more than six months. A ruling on entitlement was issued on January 22, 2021, finding her eligible for compensation. Subsequently, on July 30, 2021, the respondent filed a proffer recommending an award of $89,691.67, comprising $85,000.00 for pain and suffering and $4,691.67 for unreimbursed medical expenses. Ms. Flores agreed with this proffered award. The Chief Special Master issued a decision awarding the stipulated amount on September 2, 2021. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00818-0 Date issued/filed: 2021-03-03 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 01/22/2021) regarding 49 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00818-UNJ Document 53 Filed 03/03/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0818V UNPUBLISHED ANA MARGARITA FLORES, Chief Special Master Corcoran Petitioner, Filed: January 22, 2021 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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. Paul Adrian Green, Law Office, Pasadena, CA, for Petitioner. Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On June 3, 2019, Ana Margarita Flores 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 she suffered Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered on October 14, 2018. Petition at Introduction. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 19, 2021, 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 “[m]edical personnel at the Division of Injury 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 1:19-vv-00818-UNJ Document 53 Filed 03/03/21 Page 2 of 2 Compensation Programs, Department of Health and Human Services (‘DICP’), have reviewed the petition and medical records filed in the case, and have determined that compensation is appropriate. DICP has concluded that petitioner’s alleged GBS is consistent with the Vaccine Injury Table for GBS following the seasonal flu vaccination she received on October 14, 2018. DICP found that the onset of petitioner’s symptoms fell within 3 to 42 days after vaccination. In addition, there is not a preponderance of medical evidence demonstrating that petitioner’s GBS was due to a factor unrelated to the flu vaccine.” Id. at 8. Respondent further agrees that Petitioner’s records show that she suffered the sequela of her injury for more than six months after vaccination. 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_19-vv-00818-1 Date issued/filed: 2021-09-02 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 08/02/2021) regarding 60 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00818-UNJ Document 62 Filed 09/02/21 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0818V UNPUBLISHED ANA MARGARITA FLORES, Chief Special Master Corcoran Petitioner, Filed: August 2, 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. Paul Adrian Green, Law Office, Pasadena, CA, for Petitioner. Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On June 3, 2019, Ana Margarita Flores 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 she suffered Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered on October 14, 2018. Petition at Introduction. Petitioner further alleges that her GBS persisted for more than six months. Petition at 4. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 22, 2021, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS. On July 30, 2021, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded a total of $89,691.67, (comprised of damages for pain and suffering in the amount of $85,000.00, and damages 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-00818-UNJ Document 62 Filed 09/02/21 Page 2 of 4 for unreimbursed out-of-pocket medical expenses in the amount of $4,691.67). 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 Petitioner a lump sum payment of $89,691.67 (comprised of damages for pain and suffering in the amount of $85,000.00, and damages for unreimbursed out-of-pocket medical expenses in the amount of $4,691.67) 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-00818-UNJ Document 62 Filed 09/02/21 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ANA MARGARITA FLORES, Petitioner, No. 19-818V Chief Special Master Corcoran v. SPU SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Procedural History and Items of Compensation On June 3, 2019, Ana Margarita Flores (“petitioner”) filed a petition for compensation (“petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to - 34 (“Vaccine Act” or “Act”), as amended, alleging that she suffered Guillain-Barre Syndrome (“GBS”) as the result of an influenza (“flu”), vaccination administered on October 14, 2018. See Petition at Introduction. On January 19, 2021, respondent filed his Vaccine Rule 4(c) report, and conceded that entitlement to compensation was appropriate under the terms of the Vaccine Act for a Table injury for GBS following flu vaccination. ECF No. 48. Thereafter, on January 22, 2021, the Chief Special Master issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine compensation. ECF No 49. Based on the evidence of record, respondent proffers that petitioner should be awarded $89,691.67, which is comprised of damages for pain and suffering in the amount of $85,000.00, and damages for unreimbursed out-of-pocket medical Case 1:19-vv-00818-UNJ Document 62 Filed 09/02/21 Page 4 of 4 expenses in the amount of $4,691.67. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees. II. Form of the Award The parties recommend that compensation provided to petitioner should be made through a lump sum payment of $89,691.67, 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, 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 LARA A. ENGLUND Assistant Director Torts Branch, Civil Division s/ Mallori B. Openchowski MALLORI B. OPENCHOWSKI Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Ben Franklin Station Washington, DC 20044-0146 Tel.: (202) 305-0660 DATED: July 30, 2021 mallori.b.openchowski@usdoj.gov 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 lost earnings and future pain and suffering.