VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00709
Package ID: USCOURTS-cofc-1_20-vv-00709
Petitioner: M.M.
Filed: 2020-10-27
Decided: 2025-02-25
Vaccine: influenza
Vaccination date: 2017-12-13
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 201863

AI-assisted case summary:
Floraida Martinez, as the legal representative of her minor daughter M.M., filed a petition on June 12, 2020, alleging that M.M. suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine received on December 13, 2017. The petition was filed under the National Vaccine Injury Compensation Program. The respondent filed a Rule 4(c) report on October 26, 2020, conceding that M.M.'s alleged injury was consistent with GBS and met the requirements of a Table injury claim stemming from the flu vaccination. The respondent also agreed that no other causes for M.M.'s injury were identified and that records showed she suffered sequelae of the injury for more than six months, satisfying all legal prerequisites for compensation. On October 27, 2020, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding M.M. entitled to compensation. Subsequently, on January 24, 2025, the respondent filed a proffer of damages, which the petitioner agreed to. The decision, issued on February 25, 2025, awarded a total of $201,863.57. This amount comprised $154,196.90 to purchase an annuity contract for pain and suffering and future unreimbursable expenses, and $47,666.67 to satisfy a Commonwealth of Pennsylvania Medicaid lien. The annuity contract includes specific lump sum payments scheduled for December 12, 2032, December 12, 2035, and December 12, 2039. Petitioner counsel was Lawrence R. Cohan of Saltz, Mongeluzzi & Bendesky. Respondent counsel was Terrence Kevin Mangan, Jr. for the initial ruling and Naseem Kourosh for the proffer of damages. Chief Special Master Brian H. Corcoran presided over the entitlement ruling and the final decision.

Theory of causation field:
Petitioner Floraida Martinez, as legal representative for minor M.M., alleged that M.M. suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine received on December 13, 2017. The respondent conceded that the alleged injury was consistent with GBS and met the requirements of a Table injury claim for GBS stemming from the flu vaccination. The respondent also agreed that no other causes were identified and that M.M. suffered sequelae of the injury for more than six months. This concession led to a ruling on entitlement on October 27, 2020, by Chief Special Master Brian H. Corcoran. A subsequent proffer of damages, agreed to by the petitioner, was filed on January 24, 2025, and approved by Chief Special Master Corcoran in a decision dated February 25, 2025. The award totaled $201,863.57, consisting of $154,196.90 for an annuity covering pain and suffering and future unreimbursable expenses, and $47,666.67 to satisfy a Medicaid lien. Petitioner was represented by Lawrence R. Cohan and respondent by Terrence Kevin Mangan, Jr. and Naseem Kourosh. The theory of causation relied on the "Table" category for GBS following influenza vaccination.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00709-0
Date issued/filed: 2020-12-02
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/27/2020) regarding 16 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00709-UNJ Document 20 Filed 12/02/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0709V
UNPUBLISHED
FLORAIDA MARTINEZ, as natural Chief Special Master Corcoran
guardian and legal representative of
her minor daughter, M.M., Filed: October 27, 2020
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu) Vaccine;
SECRETARY OF HEALTH AND Guillain-Barre Syndrome (GBS)
HUMAN SERVICES,
Respondent.
Lawrence R. Cohan, Saltz, Mongeluzzi & Bendesky, Philadelphia, PA, for petitioner.
Terrence Kevin Mangan, Jr., U.S. Department of Justice, Washington, DC, for
respondent.
RULING ON ENTITLEMENT1
On June 12, 2020, Floraida Martinez, as natural guardian and legal representative
of her minor daughter, M.M., 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 M.M. suffered Guillain-Barre Syndrome (“GBS”) as a result of an
influenza (“flu”) vaccine received on December 13, 2017. Petition at 1. 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).

Case 1:20-vv-00709-UNJ Document 20 Filed 12/02/20 Page 2 of 2
On October 26, 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 agrees “that petitioner’s alleged injury is consistent with GBS
and that it meets the requirements of a Table injury claim for GBS stemming from the flu
vaccination on December 13, 2017.” Id. at 4. Respondent further agrees that he “did not
identify any other causes for M.M.’s injury, and records show that she suffered the
sequelae of this injury for more than six months . . . . Therefore, based on the record as
it now stands, petitioner has satisfied all legal prerequisites for compensation under the
Act.” Id.
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-00709-1
Date issued/filed: 2025-02-25
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/24/2025 ) regarding 67 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:20-vv-00709-UNJ Document 68 Filed 02/25/25 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0709V
FLORAIDA MARTINEZ, as natural Chief Special Master Corcoran
guardian and legal representative of
her minor daughter, M.M., Filed: January 24, 2025
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Lawrence R. Cohan, Saltz, Mongeluzzi & Bendesky, Philadelphia, PA, for Petitioner.
Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On June 12, 2020, Floraida Martinez, as natural guardian and legal representative
of her minor daughter, M.M., 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 M.M. suffered Guillain-Barre Syndrome (“GBS”) as a result of an
influenza (“flu”) vaccine received on December 13, 2017. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On October 27, 2020, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for GBS. On January 24, 2025, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $154,196.90 to
purchase an annuity contract, as well as $47,666.67, representing full satisfaction of the
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-00709-UNJ Document 68 Filed 02/25/25 Page 2 of 7
Commonwealth of Pennsylvania Medicaid lien. Proffer at 1-2. In the Proffer, Respondent
represented that 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 the
following:
A. An amount of $154,196.90 (consisting of $143,000.00 for pain and suffering
and $11,196.90 for future unreimbursable expenses) to purchase an annuity
contract as described in Section II.A. of the proffer; and
B. An amount of $47,666.67 to satisfy the Commonwealth of Pennsylvania
Medicaid lien as described in Section II.B of the proffer, in the form of a check
payable jointly to Petitioner and:
Commonwealth of Pennsylvania
Bureau of Program Integrity
Division of Third Party Liability
Recovery Section
ID: 280 464 644
CIS #: 280464644
Incident Date: 12/13/2017
P.O. Box 8486
Harrisburg, PA 17105-8486
Petitioner agrees to endorse the check to the Commonwealth of Pennsylvania for
satisfaction of the Medicaid lien.
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-00709-UNJ Document 68 Filed 02/25/25 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
FLORAIDA MARTINEZ, as natural guardian and
legal representative of her minor daughter, M.M.,
Petitioner,
No. 20-709V (ECF)
v. Chief Special Master Corcoran
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER OF DAMAGES
I. Procedural History
On June 12, 2020, Floraida Martinez (“petitioner”) filed a petition for compensation on
behalf of her minor daughter, M.M., under the National Childhood Vaccine Injury Act of 1986,
42 U.S.C. §§ 300aa-1 to -34, as amended, alleging that, as a result of receiving an influenza
vaccine on December 13, 2017, M.M. suffered from Guillain Barré Syndrome. ECF No. 1. On
October 26, 2020, the Secretary of Health and Human Services (“respondent”) filed his Vaccine
Rule 4(c) report setting forth his position that this case is appropriate for compensation under the
Act. ECF No. 15. On October 27, 2020, the Chief Special Master issued a Ruling on
Entitlement, finding that petitioner is entitled to compensation. ECF No. 16.
II. Items of Compensation and Form of the Award
A. Pain and Suffering and Future Unreimbursable Expenses
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$154,196.90, consisting of $143,000.00 for pain and suffering and $11,196.90 for future
unreimbursable expenses. Petitioner agrees.

Case 1:20-vv-00709-UNJ Document 68 Filed 02/25/25 Page 4 of 7
Respondent therefore proffers an amount not to exceed $154,196.90 to purchase an
annuity contract,1 paid to the life insurance company2 from which the annuity will be
purchased,3 subject to the conditions described below, that will provide payments to M.M. as set
forth below:
a. A certain Lump Sum of $70,605.00 payable on December 12, 2032.
b. A certain Lump Sum of $81,559.00 payable on December 12, 2035.
c. A certain Lump Sum of $98,372.00 payable on December 12, 2039.
The purchase price of the annuity described in this section II.A shall be neither greater nor less
than $154,196.90. In the event that the cost of the certain lump sum annuity payments set forth
above varies from $154,196.90, the certain lump sum payable on December 12, 2039, shall be
1 In respondent’s discretion, respondent may purchase one or more annuity contracts from one
or more life insurance companies. The parties further agree that the annuity payments cannot be
assigned, accelerated, deferred, increased, or decreased by the parties and that no part of any
annuity payments called for herein, nor any assets of the United States or the annuity company,
are subject to execution or any legal process for any obligation in any manner. Petitioner and
petitioner’s heirs, executors, administrators, successors, and assigns do hereby agree that they
have no power or right to sell, assign, mortgage, encumber, or anticipate said annuity payments,
or any part thereof, by assignment or otherwise, and further agree that they will not sell, assign,
mortgage, encumber, or anticipate said annuity payments, or any part thereof, by assignment or
otherwise.
2 The Life Insurance Company must have a minimum of $250,000,000 capital and surplus,
exclusive of any mandatory security valuation reserve. The Life Insurance Company must have
one of the following ratings from two of the following rating organizations:
a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b. Moody’s Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;
c. Standard and Poor’s Corporation Insurer Claims-Paying Ability Rating: AA-, AA,
AA+, or AAA;
d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating:
AA-, AA, AA+, or AAA.
3 Petitioner authorizes the disclosure of certain documents filed by the petitioners in this case
consistent with the Privacy Act and the routine uses described in the National Vaccine Injury
Compensation Program System of Records, No. 09-15-0056.
2

Case 1:20-vv-00709-UNJ Document 68 Filed 02/25/25 Page 5 of 7
adjusted to ensure that the total cost of the annuity is neither less than nor greater than
$154,196.90. Should M.M. predecease payment of any of the certain lump sum payments set
forth above, said payments shall be made to her estate. Written notice to the Secretary of Health
and Human Services and to the Life Insurance Company shall be provided within twenty (20)
days of M.M.’s death.
These amounts represent all elements of compensation to which M.M. would be entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.4
B. Past Unreimbursable Expenses
Based upon the evidence of record documenting the expenditure of past unreimbursable
expenses related to M.M.’s vaccine-related injury, respondent proffers that petitioner should be
awarded funds to satisfy the Commonwealth of Pennsylvania Medicaid lien in the amount of
$47,666.67, which represents full satisfaction of any right of subrogation, assignment, claim,
lien, or cause of action the Commonwealth of Pennsylvania may have against any individual as a
result of any Medicaid payments the Commonwealth of Pennsylvania has made to or on behalf
of M.M. 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 December 13, 2017, under Title
XIX of the Social Security Act.
The parties recommend that payment be made as a lump sum payment of $47,666.67,
representing compensation for satisfaction of the Commonwealth of Pennsylvania Medicaid lien,
in the form of a check payable jointly to petitioner and:
4 At the time payment is received, M.M. will be an adult, and thus guardianship is not required.
However, petitioner represents that she presently is, or if necessary, will become, authorized to
serve as guardians/conservators of M.M.’s estate as may be required under the laws of the
Commonwealth of Pennsylvania.
3

Case 1:20-vv-00709-UNJ Document 68 Filed 02/25/25 Page 6 of 7
Commonwealth of Pennsylvania
Bureau of Program Integrity
Division of Third Party Liability
Recovery Section
ID: 280 464 644
CIS #: 280464644
Incident Date: 12/13/2017
P.O. Box 8486
Harrisburg, PA 17105-8486
Petitioner agrees to endorse the check to the Commonwealth of Pennsylvania for satisfaction of
the Medicaid lien.
III. Summary of Recommended Payments Following Judgment
The parties recommended that compensation be provided to petitioner and request that
the Chief Special Master’s decision and the Court’s judgment award the following:
A. An amount of $154,196.90 to purchase the annuity contract described above in
section II.A.
B. An amount of $47,666.67 to satisfy a Medicaid lien as described above in Section
II.B.
The above amounts represent all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.5
Respectfully submitted,
BRETT A. SHUMATE
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
5 Should M.M. die prior to entry of judgment, the parties reserve the right to move the Court for
appropriate relief.
4

Case 1:20-vv-00709-UNJ Document 68 Filed 02/25/25 Page 7 of 7
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
s/ Naseem Kourosh
NASEEM KOUROSH
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
(202) 305-1159
Naseem.Kourosh@usdoj.gov
DATED: January 24, 2025
5