VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01632
Package ID: USCOURTS-cofc-1_19-vv-01632
Petitioner: Lidia Vega
Filed: 2019-10-21
Decided: 2024-08-02
Vaccine: influenza
Vaccination date: 2016-10-22
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 105405

AI-assisted case summary:
Lidia Vega filed a petition for compensation under the National Vaccine Injury Compensation Program on October 21, 2019, alleging that she suffered Guillain-Barre Syndrome (GBS) as a result of her October 22, 2016 influenza vaccination. The petition stated that the vaccine was administered in the United States, that she suffered residual effects for more than six months, and that there had been no prior award or settlement of a civil action. The case was assigned to the Special Processing Unit. On December 3, 2021, the Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Petitioner was entitled to compensation. The Respondent indicated that medical personnel had reviewed the petition and medical records, and it was the Respondent's position that Petitioner satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. On December 9, 2021, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement, finding Petitioner entitled to compensation based on the Respondent's concession and the evidence of record. Subsequently, on June 27, 2024, the Respondent filed a proffer on the award of compensation. The parties agreed to a total award of $105,405.15. This amount included $102,500.00 for pain and suffering and $2,905.15 for past lost wages. Petitioner agreed with the proffered award. On August 2, 2024, Chief Special Master Brian H. Corcoran issued a Decision Awarding Damages, granting a lump sum payment of $105,405.15 to Lidia Vega, payable by check to Petitioner. The decision noted that this amount represented compensation for all damages available under Section 15(a) of the Vaccine Act. Petitioner was represented by David A. Kleczek of Kleczek Law Office, and Respondent was represented by Mitchell Jones of the U.S. Department of Justice. The public decision was issued on August 2, 2024.

Theory of causation field:
Petitioner Lidia Vega alleged Guillain-Barre Syndrome (GBS) following an October 22, 2016 influenza vaccination. The petition was filed on October 21, 2019. Respondent conceded that Petitioner satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation, finding the case appropriate for compensation as a GBS Table injury. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on December 9, 2021, finding Petitioner entitled to compensation. On June 27, 2024, Respondent filed a proffer on award of compensation, agreeing to a total award of $105,405.15, consisting of $102,500.00 for pain and suffering and $2,905.15 for past lost wages. Petitioner agreed to this award. Chief Special Master Corcoran issued a Decision Awarding Damages on August 2, 2024, awarding the lump sum of $105,405.15 to Petitioner. Petitioner was represented by David A. Kleczek, and Respondent was represented by Mitchell Jones.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01632-0
Date issued/filed: 2022-01-11
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/09/2021) regarding 35 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01632-UNJ Document 38 Filed 01/11/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1632V
UNPUBLISHED
LIDIA VEGA, Chief Special Master Corcoran
Petitioner, Filed: December 9, 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.
David A. Kleczek, Kleczek Law Office, Oakland, CA, for Petitioner.
Mitchell Jones, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On October 21, 2019, Lidia Vega 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-Barre Syndrome (“GBS”) as
a result of her October 22, 2016 influenza (“flu”) vaccination. See Petition at ¶ 7. Petitioner
further alleges that the vaccine was administered within the United States, that she
suffered the residual effects of her injury for more than six months, and that there has
been no prior award or settlement of a civil action on her behalf as a result of her injury.
See Petition at ¶¶ 2, 8 - 10. 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:19-vv-01632-UNJ Document 38 Filed 01/11/22 Page 2 of 2
On December 3, 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 indicates that
[m]edical personnel at the Division of Injury Compensation Programs,
Department of Health and Human Services (“DICP”), have reviewed the
petition and medical records filed in the case. It is respondent’s position that
petitioner has satisfied the criteria set forth in the Vaccine Injury Table
(“Table”) and the Qualifications and Aids to Interpretation (“QAI”).
Id. at 5 (citing42 C.F.R. §§ 100.3(a)(XIV)(D), 100.3(c)(15).
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-01632-1
Date issued/filed: 2024-08-02
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 06/28/2024) regarding 55 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:19-vv-01632-UNJ Document 57 Filed 08/02/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1632V
LIDIA VEGA, Chief Special Master Corcoran
Petitioner, Filed: June 28, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
David A. Kleczek, Kleczek Law Office, Oakland, CA, for Petitioner.
Mitchell Jones, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On October 21, 2019, Lidia Vega 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-Barre Syndrome (“GBS”) as
a result of her October 22, 2016 influenza (“flu”) vaccination. See Petition at ¶ 7.. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On December 9, 2021, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for her GBS. On June 27, 2024, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $105,405.15,
representing compensation in the amounts of $102,500.00 for pain and suffering and
$2,905.15 for past lost wages. Proffer at 1-2. In the Proffer, Respondent represented that
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018).

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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 $105,405.15, representing compensation in the amounts of
$102,500.00 for pain and suffering and $2,905.15 for actual lost wages in the form
of a check payable to Petitioner. This amount represents compensation for all damages
that would be available under Section 15(a).
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-01632-UNJ Document 57 Filed 08/02/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
LIDIA VEGA, )
)
Petitioner, ) No. 19-1632V
) Chief Special Master Corcoran
v. ) ECF
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 21, 2019, Lidia Vega (“petitioner”) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act”
or “Act”), alleging that she suffered a Table injury of Guillain-Barre syndrome (“GBS”) after the
administration of an influenza (“flu”) vaccination on October 22, 2016. Petition at 2. On
December 3, 2021, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c)
Report indicating that this case is appropriate for compensation under the terms of the Act for a
GBS Table injury, and on December 9, 2021, the Chief Special Master issued a Ruling on
Entitlement finding petitioner entitled to compensation. ECF Nos. 34, 35.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $102,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:19-vv-01632-UNJ Document 57 Filed 08/02/24 Page 4 of 5
B. Lost Wages
Evidence supplied by petitioner documents that she incurred past lost wages related to
her vaccine-related injury. Respondent proffers that petitioner should be awarded past lost
wages in the amount of $2,905.15. See 42 U.S.C. § 300aa-15(a)(3)(A). 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.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner should be made through a
lump sum payment as described below and requests that the Chief Special Master’s decision and
the Court’s judgment award the following:1 a lump sum payment of $105,405.15 in the form of
a check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Lidia Vega.: $105,405.15
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C.SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
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 medical
expenses, future pain and suffering, and future lost wages.
2

Case 1:19-vv-01632-UNJ Document 57 Filed 08/02/24 Page 5 of 5
COLLEEN C. HARTLEY
Assistant Director
Torts Branch, Civil Division
/s/ Mitchell H. Jones
MITCHELL H. JONES
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) 305-1748
mitchell.jones@usdoj.gov
DATED: June 27, 2024
3