VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01306
Package ID: USCOURTS-cofc-1_19-vv-01306
Petitioner: Tomas Paredes
Filed: 2019-08-28
Decided: 2023-01-06
Vaccine: influenza
Vaccination date: 2016-09-08
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 140000

AI-assisted case summary:
Tomas Paredes filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered from Guillain-Barré Syndrome (GBS) as a result of an influenza vaccination he received on September 8, 2016. Respondent denied that Mr. Paredes suffered from GBS, that the vaccine caused his alleged illness, or that any damages were vaccine-related. Mr. Paredes passed away in December 2021, and Renee Paredes was substituted as the Petitioner in her capacity as Personal Representative of his Estate. Despite the parties maintaining their respective positions on liability, they filed a joint stipulation agreeing to settle the case and award compensation. The Chief Special Master adopted the stipulation, awarding $140,000.00 as a lump sum to the Estate of Tomas Paredes for all damages available under the Vaccine Act. The flu vaccine is contained in the Vaccine Injury Table, and the case proceeded as a Table claim.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01306-0
Date issued/filed: 2023-02-06
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 01/06/2023) regarding 74 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:19-vv-01306-UNJ Document 79 Filed 02/06/23 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1306V
UNPUBLISHED
RENEE PAREDES, as Personal Chief Special Master Corcoran
Representative for the Estate of Tomas
Paredes, Filed: January 6, 2023
Petitioner, Special Processing Unit (SPU); Joint
v. Stipulation on Damages; Influenza
(Flu) Vaccine; Guillain-Barre
SECRETARY OF HEALTH AND Syndrome (GBS)
HUMAN SERVICES,
Respondent.
Andrew Donald Downing, Downing, Allison, & Jorgenson, Phoenix, AZ , for Petitioner.
Martin Conway Galvin, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On August 28, 2019, Tomas Paredes filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). Mr. Paredes passed away in December 2021 and Renee Paredes was
substituted a Petitioner in this case. ECF No. 56. The Petition alleges that Mr. Paredes
suffered from Guillain-Barré Syndrome (“GBS”) as a result of an influenza vaccination he
received on September 8, 2016. Petition at 1; Stipulation, filed at January 6, 2023, ¶¶ 2,
4. Respondent denies that “Mr. Paredes suffered from GBS; denies that the vaccine
caused Mr. Paredes’ alleged illness; and denies that any of the alleged damages were
caused by Mr. Paredes’ vaccination, or any claimed vaccine-related illness.” Stipulation
at ¶6.
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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:19-vv-01306-UNJ Document 79 Filed 02/06/23 Page 2 of 8
Nevertheless, on January 6, 2023, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. I find the stipulation
reasonable and adopt it as my decision awarding damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $140,000.00 in the form of a check payable to Petitioner, as
Personal Representative of the Estate of Tomas Paredes. Stipulation at ¶8.
This amount represents compensation for all items of damages that would be
available under Section 15(a). Id.
I approve the requested amount for Petitioner’s compensation. In the absence of
a motion for review filed pursuant to RCFC Appendix B, the Clerk of 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-01306-UNJ Document 79 Filed 02/06/23 Page 3 of 8
IN THE UNITED ST A TES COURT OF FEDERAL
CLAIMS OFFICE OF SPECIAL MASTERS
RENEE PAREDES, as Personal Representative
for the Estate of Tomas Paredes,
No. l 9-l 306V
Chief Special Master Corcoran
Petitioner,
ECF
V.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Res ondent.
STIPULATION
The pat1ies hereby stipulate to the following matters:
1. Tomas Paredes filed a petition for vaccine compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-l Oto -34 (the "Vaccine
Program"). On December 6, 2021, Mr. Paredes died. On January 19, 2022, Renee
Paredes, as Personal Representative of the Estate of Tomas Paredes ("petitioner"), was
substituted as the petitioner in this case. The petition seeks compensation for injU1ies
allegedly related to Mr. Paredes' receipt of influenza ("flu") vaccine, which vaccine is
contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a).
2. Mr. Paredes received the flu vaccine on September 8, 2016.
3. The vaccine was administered within the United States.
4. Petitioner alleges that Mr. Paredes suffered Guillain-Barre syndrome ("GBS")
as a result of the flu vaccine.
5. Petitioner represents that there has been no prior award or settlement of a civil
action for damages as a result of Mr. Paredes' condition.

Case 1:19-vv-01306-UNJ Document 79 Filed 02/06/23 Page 4 of 8
6. Respondent denies that Mr. Paredes suffered from GBS; denies that the vaccine
caused Mr. Paredes' alleged illness; and denies that any of the alleged damages were caused
by Mr. Paredes' vaccination, or any claimed vaccine-related illness. There has been no
claim that Mr. Paredes' death was a result of the flu vaccine or a vaccine-related injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that
the issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent
with the terms of this Stipulation, and after petitioner has filed an election to receive
compensation pursuant to 42 U.S.C. § 300aa-2 l (a)( 1) , the Secretary of Health and Human
Services will issue the following vaccine compensation payment:
A lump sum of$140,000.00 in the form of a check payable to petitioner, as Personal
Representative of the Estate of Tomas Paredes, representing compensation for all
damages that be available under 42 U.S.C. § 300aa-l 5(a).
9. Petitioner and her attorney represent that compensation to be provided pursuant
to this Stipulation is not for any items or services for which the Program is not primarily
liable under 42 U .S.C. § 300aa-l 5(g), to the extent that payment has been made or can
reasonably be expected to be made under any State compensation programs, insurance
policies, Federal or State health benefits programs ( other than Title XIX of the Social
Security Act (42 U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre
paid basis.
10. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i),
subject to the availability of sufficient statutory funds.
2

Case 1:19-vv-01306-UNJ Document 79 Filed 02/06/23 Page 5 of 8
11. The parties and their attorneys further agree and stipulate that, except for any
award for attorneys' fees and litigation costs, and past unreimbursed expenses, the money
provided pursuant to this Stipulation will be used solely for the benefit of petitioner as
contemplated by a strict construction of 42 U.S.C. §300aa-l 5(a) and ( d), and subject to the
conditions of 42 U .S.C. § 300aa-l 5(g) and (h).
12. Petitioner represents that she presently is duly authorized to serve as
Personal Representative of the Estate of Tomas Paredes, under the laws of the State of
Arizona. No payments pursuant to this Stipulation shall be made until petitioner provides
the Secretary with documentation establishing her appointment as Personal
Representative of the Estate of Tomas Paredes. If petitioner is not authorized by a court
of competent jurisdiction to serve as Personal Representative of the Estate of Tomas
Paredes at the time a payment pursuant to this Stipulation is to be made, any such
payment shall be paid to the party or pa11ies appointed by a court of competent
jurisdiction to serve as legal representative of the Estate of Tomas Paredes, upon
submission of written documents of such appointment to the Secretary.
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity, and as personal representative of the Estate of Tomas Paredes, and on
behalf of the Estate, and Mr. Paredes' heirs, executors, administrators, successors or assigns,
does forever inevocably and unconditionally release, acquit and discharge the United States
and the Secretary of Health and Human Services from any and all actions or causes of
action (including agreements, judgments, claims, damages, loss of services, expenses and
all demands of whatever kind or nature) that have been brought, could have been brought,
or could be timely brought in the Court of Federal Claims, under the National Vaccine Injury
3

Case 1:19-vv-01306-UNJ Document 79 Filed 02/06/23 Page 6 of 8
Compensation Program, 42 U .S.C. § 300 aa-l 0 et seq., on account of, or in any way
growing out of, any and all known or unknown, suspected or unsuspected personal injmies
to or death of Tomas Paredes resulting from, or alleged to have resulted from, the flu
vaccination administered on September 8, 2016, as alleged by Mr. Paredes in a petition for
vaccine compensation filed on or about August 28, 2019, in the United States Cou1i of
Federal Claims as petition No. l 9-l 306V.
14. If petitioner should die p1ior to entry ofj udgment, this agreement shall be
voidable upon proper notice to the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the
tenns of this Stipulation or if the Court of Federal Claims fails to enter judgment in conforn1ity
with a decision that is in complete confonnity with the tenns of this Stipulation, then the
parties' settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability
and damages claimed under the National Childhood Vaccine Injury Act of 1986, as
amended, except as otherwise noted in paragraph 9 above. There is absolutely no agreement
on the part of the parties hereto to make any payment or to do any act or thing other than is
herein expressly stated and clearly agreed to. The parties further agree and understand that
the award described in this Stipulation may reflect a compromise of the parties' respective
positions as to liability and/or amount of damages, and further, that a change in the nature of
the injury or condition or in the items of compensation sought, is not grounds to modify or
revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or
the Secretary of Health and Human Services that the flu vaccine caused Mr. Paredes'
4

Case 1:19-vv-01306-UNJ Document 79 Filed 02/06/23 Page 7 of 8
alleged injury or any other injury or his cun-ent disability.
18. All rights and obligations of petitioner hereunder shall apply equally to
petitioner's heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
5

Case 1:19-vv-01306-UNJ Document 79 Filed 02/06/23 Page 8 of 8
PETITIONER·
~sonal
Representative of the Estate of
Tomas Paredes
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
~~
HEATHER L. PEARLMAN
3030 N. Central Avenue, St! ite 507 Deputy Director
Phoenix, Arizona 85012 Civil Division
Tel: (480) 701-0999 U.S. Department of Justice
Email: adowning@daj-law.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD
OF THE SECRETARY OF HEALTH FOR RESPONDENT:
AND HUMAN SERVICES:
George R.
DigitallysignedbyGeorgeR.
s Grimes ·S14 ~~
Gr im es - 14
Date: 2022.12.07 09:42:26 ·05'00'
CDR GEORGE REED GRIMES, MD, MPH MART IN C. GAL VIN
Director, Division of Injmy T1ial Attorney
Compensation Programs Torts Branch, Civil Division
Health Systems Bureau U.S. Department of Justice
Health Resources and Services P.O. Box 146
Administration Benjamin Franklin Station
U.S. Department of Health Washington, DC 20044-0146
and Human Services Tel: (202) 305-3071
5600 Fishers Lane Email: Mai1in.Galvin@usdoj.gov
Rockville, MD 20857
6