Renato C. Barrozo v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2023)

On March 27, 2020, Renato C. Barrozo, a 60-year-old man, filed a petition for compensation under the National Vaccine Injury Compensation Program.

After Mr. Barrozo's passing, Martina Larson, as trustee for his heirs, was substituted as Petitioner.

Petitioner alleged that Mr. Barrozo suffered Guillain-Barré Syndrome (GBS) caused by the influenza vaccine he received on October 5, 2018.

The case was assigned to the Special Processing Unit. On November 9, 2021, Respondent conceded that Petitioner was entitled to compensation, agreeing that Mr.

Barrozo's symptoms met the criteria for a flu/GBS Table injury and that Petitioner satisfied all legal prerequisites for compensation. On November 10, 2021, Chief Special Master Brian H.

Corcoran issued a ruling on entitlement in Petitioner's favor. Subsequently, the parties encountered difficulties ascertaining the appropriate amount of Medicaid payments made for Mr.

Barrozo's treatment. They addressed this issue through briefing, requesting a more detailed decision.

On November 13, 2023, Chief Special Master Corcoran issued a decision awarding damages. The decision noted that Mr.

Barrozo received the flu vaccine on October 5, 2018. Approximately one month later, he began experiencing neuropathy in his hands, feet, and tongue, progressing to an inability to eat or walk.

In early December 2018, he was diagnosed with GBS and began IVIG therapy. He was discharged to an inpatient rehabilitation facility on December 5, 2018, and later to a transitional care unit.

By early March 2019, he could walk and renew his driver's license. After returning home, he continued outpatient therapy, and by October 2019, he reported unsteadiness requiring a cane.

He continued to experience numbness and tingling, managed with medication. Mr.

Barrozo passed away on April 19, 2021, from unrelated causes, with his death certificate listing acute respiratory failure, atrial fibrillation, and a suspected massive stroke as causes, and Burkitt lymphoma as a contributing condition. The parties agreed that the Hennepin County Human Services Department asserted a Medicaid lien of $44,430.91, which was paid in full by the estate.

After extensive efforts to resolve a potential secondary lien from HealthPartners, it was determined that the matter was resolved and no further Medicaid lien was owed. Chief Special Master Corcoran awarded Petitioner a lump sum of $216,930.91, comprising $172,500.00 for past pain and suffering and $44,430.91 for reimbursement of Medicaid expenses paid by the State of Minnesota.

Petitioner's counsel was Timothy James Lessman of Knutson & Casey Law Firm, and Respondent's counsel was Debra A. Filteau Begley of the U.S.

Department of Justice. The decision was issued by Chief Special Master Brian H.

Corcoran.