VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00165
Package ID: USCOURTS-cofc-1_20-vv-00165
Petitioner: Ania Oliva-Guedes
Filed: 2020-12-14
Decided: 2023-04-24
Vaccine: influenza
Vaccination date: 2017-04-14
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 142298

AI-assisted case summary:
Ania Oliva-Guedes filed a petition for compensation under the National Vaccine Injury Compensation Program on February 19, 2020, alleging she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on April 14, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on December 4, 2020, conceding that Ms. Oliva-Guedes satisfied the criteria for a Table injury and was entitled to compensation. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on December 14, 2020, finding Petitioner entitled to compensation. Subsequently, on March 21, 2023, the respondent filed a proffer on award of compensation, which Ms. Oliva-Guedes agreed with. Chief Special Master Corcoran issued a Decision Awarding Damages on April 24, 2023. The award totaled $142,297.87, comprising $130,000.00 for actual pain and suffering, $35.59 for past unreimbursable expenses, and $12,262.28 for past lost wages. An additional $12,131.68 was awarded to satisfy a New York Medicaid lien. The award was to be paid via two lump sum checks: one for $142,297.87 payable to Ms. Oliva-Guedes, and another for $12,131.68 payable jointly to Ms. Oliva-Guedes and the New York State Department of Health. Ms. Oliva-Guedes is a competent adult. Petitioner was represented by Anne Carrion Toale of Maglio Christopher & Toale, PA, and Respondent was represented by Kimberly Shubert Davey of the U.S. Department of Justice. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation.

Theory of causation field:
Petitioner Ania Oliva-Guedes alleged Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on April 14, 2017. Respondent conceded that Petitioner satisfied the criteria for a Table injury. A Ruling on Entitlement was issued by Chief Special Master Brian H. Corcoran on December 14, 2020, finding Petitioner entitled to compensation. A Decision Awarding Damages was issued by Chief Special Master Corcoran on April 24, 2023, awarding a total of $142,297.87, including $130,000.00 for pain and suffering, $35.59 for past unreimbursable expenses, $12,262.28 for past lost wages, and $12,131.68 to satisfy a New York Medicaid lien. The public text does not name specific medical experts or detail the mechanism of causation beyond the Table injury classification. Petitioner was represented by Anne Carrion Toale, and Respondent by Kimberly Shubert Davey.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00165-0
Date issued/filed: 2021-02-05
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/14/2020) regarding 25 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00165-UNJ Document 28 Filed 02/05/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-165V
UNPUBLISHED
ANIA OLIVA-GUEDES, Chief Special Master Corcoran
Petitioner, Filed: December 14, 2020
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.
Anne Carrion Toale, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On February 19, 2020, Ania Oliva-Guedes 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 an influenza (“flu”) vaccine administered on April 14, 2017. Petition at 1, 6-7.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On December 4, 2020, 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 concludes that Petitioner “has satisfied the criteria set forth
in the Vaccine Injury Table (‘Table’) and the Qualifications and Aids to Interpretation” for
her GBS injury. Id. at 7.
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 1:20-vv-00165-UNJ Document 28 Filed 02/05/21 Page 2 of 2
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_20-vv-00165-1
Date issued/filed: 2023-04-24
Pages: 6
Docket text: PUBLIC DECISION (Originally filed: 03/21/2023) regarding 65 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. (Main Document 69 replaced on 5/4/2023 to correct amount of lost wages awarded.) (dls) (Main Document 69 replaced on 5/5/2023 to attach decision with the proffer) (ypb).
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Case 1:20-vv-00165-UNJ Document 69 Filed 04/24/23 Page 1 of 6
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0165V
UNPUBLISHED
ANIA OLIVA-GUEDES, Chief Special Master Corcoran
Petitioner, Filed: March 21, 2023
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Guillain-
Barre Syndrome (GBS)
Respondent.
Anne Carrion Toale, Maglio Christopher & Toale, PA, Sarasota, FL, for Petitioner.
Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 19, 2020, Ania Oliva-Guedes 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 from Guillain-Barre Syndrome (“GBS”)
as a result of an influenza vaccination she received on April 14, 2017. Petition at ¶1, 12.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On December 14, 2020, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for her GBS. On March 21, 2023, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $142,297.87,
representing $130,000.00 in actual pain and suffering, $35.59 in past unreimbursable
expenses, and $12,262.28 in past lost wages, as well was $12,131.68 to satisfy a
Medicaid lien. Proffer at 2-3. 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:20-vv-00165-UNJ Document 69 Filed 04/24/23 Page 2 of 6
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 the following:
• A lump sum payment of $142,297.87, representing compensation for actual
pain and suffering ($130,000.00), past unreimbursable expenses ($35.59),
and past lost wages ($12,262.28), in the form of a check payable to Petitioner.
• A lump sum payment of $12,131.68, representing compensation for
satisfaction of the State of New York Medicaid lien, in the form of a check
payable jointly to Petitioner and:
New York State Department of Health
P.O. Box 415874
Boston, MA 02241-5874
These amounts represent 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 1:20-vv-00165-UNJ Document 69 Filed 04/24/23 Page 3 of 6
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
ANIA OLIVA-GUEDES, )
)
Petitioner, )
) No. 20-165V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On February 19, 2020, Ania Oliva-Guedes (“petitioner”) filed a petition for
compensation under the National Childhood Vaccine Injury Act of 1986, as amended (“the
Vaccine Act” or “the Act”), 42 U.S.C. §§ 300aa-1 to -34. Petitioner alleges that she suffered
Guillain-Barre syndrome (“GBS”), a Table injury, as a result of an influenza vaccine
administered to her on April 14, 2017. Petition at 1, 6. On December 4, 2020, the Secretary of
Health and Human Services (“respondent”) filed a Rule 4(c) Report recommending that
compensation be awarded. ECF No. 22. On December 14, 2020, the Chief Special Master
issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 25.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $130,000.00 in actual pain and
suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-00165-UNJ Document 69 Filed 04/24/23 Page 4 of 6
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $35.59. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
C. 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 $12,262.28. See 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
D. Medicaid Lien
Respondent proffers that petitioner should be awarded funds to satisfy the State of New
York Medicaid lien in the amount of $12,131.68, which represents full satisfaction of any right
of subrogation, assignment, claim, lien, or cause of action the State of New York may have
against any individual as a result of any Medicaid payments the State of New York has made to
or on behalf of petitioner from the date of her eligibility for benefits through the date of
judgment in this case as a result of her alleged vaccine-related injury suffered on or about April
14, 2017 under Title XIX of the Social Security Act.
The above amounts represent all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
2

Case 1:20-vv-00165-UNJ Document 69 Filed 04/24/23 Page 5 of 6
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through two lump sum payments as described below and requests that the Chief Special Master’s
decision and the Court’s judgment award the following: 1
A. A lump sum payment of $142,297.87, representing compensation for actual pain and
suffering ($130,000.00), past unreimbursable expenses ($35.59), and past lost wages
($12,262.28), in the form of a check payable to petitioner, Ania Oliva-Guedes; and
B. A lump sum payment of $12,131.68, representing compensation for satisfaction of the
State of New York Medicaid lien, in the form of a check payable jointly to petitioner
and:
New York State Department of Health
P.O. Box 415874
Boston, MA 02241-5874
Petitioner agrees to endorse the check to New York State Department of Health for
satisfaction of the Medicaid lien.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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
ALEXIS B. BABCOCK
Assistant 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.
3

Case 1:20-vv-00165-UNJ Document 69 Filed 04/24/23 Page 6 of 6
/s/ Kimberly S. Davey
KIMBERLY S. DAVEY
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) 307-1815
Kimberly.Davey@usdoj.gov
DATED: March 20, 2023
4