VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00351
Package ID: USCOURTS-cofc-1_20-vv-00351
Petitioner: Renato C. Barrozo
Filed: 2020-03-27
Decided: 2023-12-14
Vaccine: influenza
Vaccination date: 2018-10-05
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 216930

AI-assisted case summary:
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 December 14, 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.

Theory of causation field:
Petitioner Martina Larson, as trustee for the heirs of Renato C. Barrozo, alleged that Mr. Barrozo suffered Guillain-Barré Syndrome (GBS) caused-in-fact by the influenza vaccine he received on October 5, 2018. Mr. Barrozo was 60 years old at the time of vaccination. Respondent conceded that Petitioner established that Mr. Barrozo's symptoms met the criteria set forth in the Vaccine Injury Table for a flu/GBS Table injury and satisfied all legal prerequisites for compensation. The case proceeded to a damages award. The public decision does not describe the specific medical experts consulted, the onset of symptoms, diagnostic tests performed, or the precise mechanism of causation beyond the Table designation. Mr. Barrozo passed away from unrelated causes on April 19, 2021. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on November 10, 2021, and a decision awarding damages on December 14, 2023. The award totaled $216,930.91, consisting of $172,500.00 for past pain and suffering and $44,430.91 for reimbursement of vaccine-related Medicaid expenses paid by the State of Minnesota. Petitioner's counsel was Timothy James Lessman, and Respondent's counsel was Debra A. Filteau Begley.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00351-0
Date issued/filed: 2021-12-13
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/10/2021) regarding 39 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00351-UNJ Document 41 Filed 12/13/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0351V
UNPUBLISHED
MARTINA LARSON, as trustee for the Chief Special Master Corcoran
heirs of RENATO C. BARROZO,
Filed: November 10, 2021
Petitioner,
v. Special Processing Unit (SPU);
Ruling on Entitlement; Concession;
SECRETARY OF HEALTH AND Table Injury; Influenza (Flu) Vaccine;
HUMAN SERVICES, Guillain-Barre Syndrome (GBS)
Respondent.
Timothy James Lessman, Knutson & Casey Law Firm, Mankato, MN, for Petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On March 27, 2020, Renato Barrozo filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). ECF No. 1. After Mr. Barrozo sadly passed away, Martina Larson, as
trustee for the heirs of Mr. Barrozo, was substituted as Petitioner. ECF No. 35. Petitioner
alleges that Mr. Barrozo suffered Guillain-Barré Syndrome (GBS) which was caused-in-
fact by the influenza vaccine he received on October 5, 2018. Petition at 1, ¶ 16.
Petitioner further alleges that the flu vaccine was administered in the United States, that
Mr. Barrozo suffered the residual effects of his GBS for more than six months, and that
neither Mr. Barrozo, Petitioner, nor any other party has filed a civil action or received
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 1:20-vv-00351-UNJ Document 41 Filed 12/13/21 Page 2 of 2
compensation for Mr. Barrozo’s GBS. Id. at 1, ¶¶ 18-19. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On November 9, 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 believes “[P]etitioner has established that Mr. Barrozo’s
symptoms meet the criteria set forth in the newly revised Vaccine Injury Table (“Table”)
and the Qualifications and Aids to Interpretation for a flu/GBS Table injury.” Id. at 6.
Respondent further agrees that Petitioner has satisfied all legal prerequisites for
compensation under the Act. Id. at 6-7.
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

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DOCUMENT 2: USCOURTS-cofc-1_20-vv-00351-1
Date issued/filed: 2023-12-14
Pages: 5
Docket text: to correct typo) (sw).PUBLIC DECISION (Originally filed: 11/13/2023) regarding 63 DECISION of Special Master ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. (Main Document 64 replaced on 12/20/2023
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Case 1:20-vv-00351-UNJ Document 64 Filed 12/14/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0351V
MARTINA LARSON, as trustee for the Chief Special Master Corcoran
heirs of RENATO C. BARROZO,
Filed: November 13, 2023
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Timothy James Lessman, Knutson & Casey Law Firm, Mankato, MN, for Petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On March 27, 2020, Renato Barrozo filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). ECF No. 1. After Mr. Barrozo sadly passed away, Martina Larson, as
trustee for the heirs of Mr. Barrozo, was substituted as Petitioner. ECF No. 35. Petitioner
alleged that Mr. Barrozo suffered Guillain-Barré syndrome (“GBS”) which was caused-in-
fact by the influenza vaccine he received on October 5, 2018. Petition at 1, ¶ 16. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
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).

Case 1:20-vv-00351-UNJ Document 64 Filed 12/14/23 Page 2 of 5
On November 10, 2021, I issued a ruling on entitlement in Petitioner’s favor. After
the parties encountered difficulty ascertaining the appropriate amount of Medicaid
payments made on behalf of Mr. Bazzoro for treatment related to his GBS illness, they
set forth their agreed-upon assessment of the issue in briefing and requested a more
detailed decision addressing the matter.
For the reasons set forth below, and incorporating the agreement of the parties on
some issues,3 I find that Petitioner is entitled to an award of damages in the amount
$216,930.91, including $172,500.00 for past pain and suffering and $44,430.91 for
reimbursement to the estate of Mr. Barrozo of the settlement amount for all vaccine-
related Medicaid expenses paid by the State of Minnesota.
I. Relevant Medical History
On October 5, 2018, Mr. Barrozo (60 years old) received the flu vaccine alleged
as causal. Exhibit (“Ex.”) 3 at 6, ECF No. 6-3. Approximately one month later, around
November 5, 2018, he began experiencing neuropathy in his hands, feet, and tongue. Ex.
12 at 595-596, ECF No. 26-2 (oncology appointment on November 12, 2018).4 The next
day, Mr. Barrozo visited the emergency room, complaining of worsening neuropathy in
his hands, feet, lower legs, and tongue, causing an inability to eat or walk. Ex. 4B5 at 48-
49, ECF No. 6-5. In early December 2018, while still hospitalized but living at a transitional
care unit called The Villa, he was diagnosed with GBS and began IVIG therapy after
returning to the main hospital building. Id. at 168, 196 (diagnosis confirmed). He was
discharged to an inpatient rehabilitation facility on December 5, 2018. Id. at 209-12.
Although still requiring a wheelchair, Mr. Barrozo made progress while at this
facility. Ex. 6. On December 28, 2018, he was discharged to a transitional care unit (Allina
Courage Kennedy Rehabilitation Institute), where he remained until late March 2019. Id.
3 Although Respondent initially represented that the agreed-upon amount for Mr. Barrozo’s pain and
suffering was $175,000.00, during email communications Respondent’s counsel confirmed the correct
amount was that cited by Petitioner in her brief, $172,500.00. See Informal Remark, dated Nov. 8, 2023;
Compare Petitioner’s Informal Brief (“Brief”) at 3, ECF No. 56 with Respondent’s Damages Brief
(“Response”) at 1, 8, ECF No. 61.
.
4 Due to the symptoms which he was experiencing, Mr. Barrozo rescheduled a follow-up appointment with
his oncologist to one week earlier. Ex. 12 at 596. He was diagnosed with Burkitt lymphoma in 2016. Id. at
595.
5 Petitioner labeled Exhibit 4 as parts 4A and 4 B. Because he began with page 1 again for Exhibit 4B, it is
necessary to reference the subpart being cited.
2

Case 1:20-vv-00351-UNJ Document 64 Filed 12/14/23 Page 3 of 5
at 9; see Ex. 76 (transitional care unit records). By early March, he was able to walk from
the DMV parking lot, stand in line, and renew his driver’s license. Ex. 7 at 701.
After returning home, Mr. Barrozo continued with his outpatient therapy. See Ex.
8. By June 2019, his strength was improving, but he continued to experience neuropathic
pain. Ex. 4B at 236. At a wellness appointment in early October 2019, Mr. Barrozo
reported experiencing some unsteadiness and needing a cane to walk. Ex. 10 at 30. He
continued to experience some numbness and tingling in his hands and feet which was
partially controlled with medication. Id. at 32. At a follow-up oncology appointment in late
September 2020, it was noted that Mr. Barrozo had made a good recovery but still
required medication to treat his neuropathy. Id. at 138.
On April 19, 2021, Mr. Barrozo passed away from unrelated causes. His death
certificate listed the immediate cause of death as acute respiratory failure with underlying
conditions of atrial fibrillation and a suspected massive stroke. Ex. 13. Burkitt lymphoma
is listed as a contributing condition. Id.
II. Appropriate Medicaid Lien Amount
After working diligently for several months to obtain the final Medicaid lien
information,7 the parties discovered the matter was further complicated by the
involvement of two agencies who both appeared to be asserting a Medicaid lien related
to Petitioner’s medical expenses. See Status Report, filed June 3, 2022, ECF No. 45.
Over the subsequent seven months, they worked diligently to obtain itemized payment
records from both agencies, HealthPartners and Hennepin County Human Services
(Estate Recovery Unit). See Status Reports, ECF Nos. 46-54 (multiple status reports and
a request for subpoena authority).
On March 1, 2023, a telephonic status conference was held to discuss the matter.
See Order, issued Mar. 3, 2023, ECF No. 55. Having agreed upon all types of
compensation, the parties explained that they wished to ensure that the decision in this
case would clearly state the amount designated for the satisfaction of the Medicaid lien
so the issue could be more easily addressed if one of the agencies later sought further
payment. It was agreed that the parties would fully set forth all related information in
briefing. Id.
6 Although Petitioner labeled Exhibit 7 parts 7a through 7h, he used consecutive page numbers for the
entire exhibit. Therefore, it is not necessary to refer to the individual subpart when citing this exhibit.
7 See, e.g. Status Report, filed May 3, 2022, ECF No. 44.
3

Case 1:20-vv-00351-UNJ Document 64 Filed 12/14/23 Page 4 of 5
The parties agreed that after Mr. Barrozo passed away, Hennepin County Human
Services Department asserted a Medicaid lien against Mr. Barrozo’s estate in the amount
of $44,430.91. Petitioner’s Informal Brief (“Brief”) at 2; Respondent’s Damages Brief
(“Response”) at 3-4. The lien was paid in full by the estate from the proceeds of the sale
of Mr. Barrozo’s house. Brief at 2. On April 27, 2023, Petitioner provided copies of the
documents asserting the Medicaid lien (dated August 29, 2021) and certifying that the
$44,430.91 paid by Mr. Barrozo’s estate satisfied all claims by Hennepin County Human
Services Department (dated October 26, 2021). ECF Nos. 58-6, 58-7.
At some point prior to May 2022, a representative of HealthPartners asserted a
similar Medicaid lien. Brief at 2; Response at 4. During communications with the
HealthPartners representative, the parties emphasized that most payments listed by both
entities were for the same treatment period and to the same medical facilities and
providers. Exs. A-B, ECF No. 62-1, 62-2 (May and June 2022 emails); Brief at 2;
Response at 4-5. In response, the Health Partners representative stated that the
payments had been made and that he had spoken to the Hennepin County Human
Services Department representative who indicated that, after a quick review, she believed
the payments were different. Id. However, the HealthPartners representative provided no
documentation to support this assertion. Brief at 2. And the parties believe the Hennepin
representative was looking at incorrect information when she offered this opinion. Id.
Over the subsequent several month period, the parties worked diligently to
ascertain the appropriate amount of any remaining Medicaid lien. See Status Reports,
ECF Nos. 45-48. In early October 2022, Petitioner was granted subpoena authority to
obtain a detailed list of expenditures from Hennepin County which could be compared to
what she had received from HealthPartners. ECF Nos. 49-50.
After serving the subpoena, the Hennepin County Attorney’s office informed
Petitioner that they did not have any documentation beyond the Claims Payment History
already provided. ECF No. 60-1 at 1 (email on October 19, 2022); Brief at 2; Response
at 5. Thus, it was unclear what documentation the Hennepin County Human Services
Department representative was consulting when she indicated the charges were different.
The Hennepin County Attorney’s office also explained that Minnesota counties administer
the Title XIX program and are responsible for seeking recoupment of any paid amounts
from a decedent’s estate. Id.
Petitioner made one last effort to obtain an itemized list of all Medicaid amounts
paid for Mr. Barrozo’s care from Minnesota Department of Human Services. Brief at 2;
Response at 6. In response, she received a statement from a representative from the Tort
Unit, Benefit Recovery, apologizing for an earlier assertion that additional amounts were
owed, and stating that the matter had been settled via the settlement paid by Mr.
4

Case 1:20-vv-00351-UNJ Document 64 Filed 12/14/23 Page 5 of 5
Barrozo’s estate, the case was closed, and the Department no longer had an interest in
the matter. ECF No. 60-1 at 2-4.
In a letter dated December 1, 2022, Petitioner provided a thorough account of her
subsequent communications with Hennepin County Attorney’s office and Minnesota
Department of Human Services, including her supposition that the earlier representation
the Health Partner received must have been an error. ECF No. 58-1; Brief at 2-3;
Response at 6. To date, Petitioner has received no response from the HealthPartners
representative.
Thus, it appears the matter has been resolved, there is no further Medicaid lien
owed by Petitioner, and Petitioner is entitled to reimbursement of the $44,430.91
previously paid to Hennepin County to settle the matter. Per the parties’ agreement and
my review of the relevant documentation, I find $44,430.91 to be the appropriate amount
to be awarded for all Medicaid lien payments.
Conclusion
Pursuant to the agreement of the parties, I award Petitioner a lump sum
payment of $216,930.91, representing compensation in the amount of $172,500.00
for actual pain and suffering and $44,430.91 for reimbursement to the estate of Mr.
Barrozo of the settlement amount for all vaccine-related Medicaid expenses, in the
form of a check payable to Petitioner, Martina Larson, as trustee for the heirs of
Renato C. Barrozo. 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.8
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
8 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.
5