VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00967
Package ID: USCOURTS-cofc-1_20-vv-00967
Petitioner: Richard Saliot
Filed: 2020-08-04
Decided: 2023-05-22
Vaccine: influenza
Vaccination date: 2019-10-29
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 1013466

AI-assisted case summary:
Richard Saliot, an adult, received an influenza vaccine on October 29, 2019. He subsequently developed Guillain-Barré Syndrome (GBS), a neurological disorder. The petition was filed on August 4, 2020, alleging that the GBS was a result of the flu vaccination. The respondent conceded that Mr. Saliot's condition qualified as a Table injury under the Vaccine Injury Table. An entitlement ruling was issued on October 20, 2021, finding him eligible for compensation. On April 19, 2023, the parties submitted a proffer on award of compensation, which was approved by the court on May 22, 2023. The award included a lump sum of $758,944.62 for first-year life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses. An additional lump sum of $521.84 was awarded jointly for past unreimbursable medical expenses. The award also included an amount sufficient to purchase an annuity for future life care expenses.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00967-0
Date issued/filed: 2021-11-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/20/2021) regarding 32 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00967-UNJ Document 35 Filed 11/29/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-967V
UNPUBLISHED
REGINA SALIOT, as Prochein Ami for Chief Special Master Corcoran
RICHARD SALIOT, Incapacitated
Person, Filed: October 20, 2021
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.
Dennis W. Potts, Dennis W. Potts, Esq., Honolulu, HI, for Petitioner.
Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On August 4, 2020, Regina Saliot, on behalf of her husband, Richard Saliot, 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 he suffered
Guillan-Barré Syndrome (GBS) as a result of an influenza (flu) vaccination received on
October 29, 2019 . Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On October 8, 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 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-00967-UNJ Document 35 Filed 11/29/21 Page 2 of 2
1. Specifically, “[I]t is [R]espondent’s position that “ [P]etitioner has satisfied the criteria
set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to
Interpretation (“QAI”). Id. at 9. Respondent further agrees that the scope of damages is
limited to Petitioner’s GBS and its related sequelae only. Id. at 10.
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-00967-1
Date issued/filed: 2023-05-22
Pages: 10
Docket text: PUBLIC DECISION (Originally filed: 04/20/2023) regarding 65 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:20-vv-00967-UNJ Document 69 Filed 05/22/23 Page 1 of 10
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-967V
UNPUBLISHED
RICHARD SALIOT, Chief Special Master Corcoran
Petitioner, Filed: April 20, 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.
Dennis W. Potts, Potts & Potts, Honolulu, HI, for Petitioner.
Steven Santayana, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On August 4, 2020, Regina Saliot, on behalf of her husband, Richard Saliot,2 filed
a petition for compensation under the National Vaccine Injury Compensation Program,
42 U.S.C. §300aa-10, et seq.3 (the “Vaccine Act”). Petitioner alleges that he suffered
Guillan-Barré Syndrome (GBS) as a result of an influenza (flu) vaccination received on
October 29, 2019 . Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On October 20, 2021, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for GBS. On April 19, 2023, Respondent filed a proffer on award of
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 On March 21, 2023, Regina Saliot filed a motion to substitute Richard Saliot in his individual capacity as
Petitioner, which was granted on April 3, 2023. ECF Nos. 61, 62.
3 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-00967-UNJ Document 69 Filed 05/22/23 Page 2 of 10
compensation (“Proffer”) indicating Petitioner should be awarded all items of
compensation set forth in Respondent’s life care plan and illustrated by the chart attached
at Tab A. 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. 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 compensation:
1. A lump sum payment of $758,944.62, representing compensation for life
care expenses expected to be incurred during the first year after judgment
($71,430.25), lost earnings ($433,830.00), and pain and suffering
($250,000.00), and past unreimbursable expenses ($3,684.37) in the form of
a check payable to Petitioner, Richard Saliot.
2. A lump sum payment of $521.84, representing compensation for
unreimbursable medical expenses, in the form of a check jointly payable to
petitioner, Richard Saliot, and Waianae Coast Comprehensive Health
Center. Petitioner agrees to endorse this payment to Waianae Coast
Comprehensive Health Center.
3. An amount sufficient to purchase an annuity contract, subject to the
conditions described in the Proffer, that will provide payments for the life
care items contained in the life care plan, as illustrated by the chart at Tab
A, beginning with compensation for Year Two (on the first anniversary of
the date of the judgment) and all subsequent years, paid to the life
insurance company from which the annuity will be purchased.
This amount represents compensation for all damages that would be available under
§ 15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
4 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-00967-UNJ Document 69 Filed 05/22/23 Page 3 of 10
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
RICHARD SALIOT, )
)
Petitioner, )
) No. 20-967V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 8, 2021, the Secretary of Health and Human Services (“respondent”) filed his
Rule 4(c) Report, in which he recommended that the court find petitioner entitled to
compensation, and on October 20, 2021, the Chief Special Master issued a Ruling on
Entitlement, finding petitioner entitled to compensation. ECF Nos. 31, 32. Specifically, based
on respondent’s recommendation, the Court found petitioner entitled to compensation for
Guillain-Barré syndrome and related sequelae that he sustained following the administration of
an influenza vaccination on October 29, 2019, and that petitioner’s claim satisfies the
requirements necessary to qualify as a Table injury under the Vaccine Injury Table. 42 U.S.C.
§ 300aa-14(a)(XIV)(D), (c)(15). See ECF No. 32. Respondent now proffers that petitioner
receive an award as follows:
I. Items of Compensation
A. Life Care Items
Respondent engaged life care planner Linda Curtis, RN, MS, CNLCP, CCM, and
petitioner engaged Shelley L.J. Hee, RN, BSN, CLCP, CNLCP, to provide an estimation of
petitioner’s future vaccine-injury related needs. For the purposes of this proffer, the term

Case 1:20-vv-00967-UNJ Document 69 Filed 05/22/23 Page 4 of 10
“vaccine related” is as described in respondent’s Rule 4(c) Report. All items of compensation
identified in respondent’s life care plan are supported by the evidence, and are illustrated by the
chart entitled Appendix A: Items of Compensation for Richard Saliot, attached hereto as Tab A.
Respondent proffers that petitioner should be awarded all items of compensation set forth in
respondent’s life care plan and illustrated by the chart attached at Tab A. Petitioner agrees.
B. Lost Earnings
The parties agree that based upon the evidence of record, Richard Saliot has suffered past
loss of earnings and will suffer future loss of earnings as a result of his vaccine-related injury.
Therefore, respondent proffers that petitioner should be awarded lost earnings as provided under
the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A). Respondent proffers that the appropriate award
for Richard Saliot’s past and future lost earnings is $433,830.00. Petitioner agrees.
C. Pain and Suffering
Respondent proffers that petitioner should be awarded $250,000.00 in actual pain and
projected pain and suffering. This amount reflects that any award for projected pain and
suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner
agrees.
D. Past Unreimbursable Expenses to Petitioner
Evidence supplied by petitioner documents that he incurred past unreimbursable expenses
related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past
unreimbursable expenses in the amount of $3,684.37. Petitioner agrees.
E. Past Unreimbursable Expenses to Petitioner and Provider
Evidence supplied by petitioner documents outstanding charges for services provided by
Waianae Coast Comprehensive Health Center related to his vaccine-related injury. Respondent
2

Case 1:20-vv-00967-UNJ Document 69 Filed 05/22/23 Page 5 of 10
proffers that petitioner should be awarded past unreimbursable expenses in the amount of
$521.84. Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a combination of lump sum payments and future annuity payments as described below,
and request that the Chief Special Master’s decision and the Court’s judgment award the
following:1
A. A lump sum payment of $758,944.62, representing compensation for life care
expenses expected to be incurred during the first year after judgment ($71,430.25), lost earnings
($433,830.00), pain and suffering ($250,000.00), and past unreimbursable expenses ($3,684.37),
in the form of a check payable to petitioner, Richard Saliot.
B. A lump sum payment of $521.84, representing compensation for unreimbursable
medical expenses, in the form of a check jointly payable to petitioner, Richard Saliot, and
Waianae Coast Comprehensive Health Center. Petitioner agrees to endorse this payment to
Waianae Coast Comprehensive Health Center.
C. An amount sufficient to purchase an annuity contract,2 subject to the conditions
described below, that will provide payments for the life care items contained in the life care plan,
as illustrated by the chart at Tab A, attached hereto, paid to the life insurance company3 from
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 lost earnings, and future pain and suffering.
2 In respondent’s discretion, respondent may purchase one or more annuity contracts from one
or more life insurance companies.
3 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:
3

Case 1:20-vv-00967-UNJ Document 69 Filed 05/22/23 Page 6 of 10
which the annuity will be purchased.4 Compensation for Year Two (beginning on the first
anniversary of the date of judgment) and all subsequent years shall be provided through
respondent’s purchase of an annuity, which annuity shall make payments directly to petitioner,
Richard Saliot, only so long as petitioner is alive at the time a particular payment is due. At the
Secretary’s sole discretion, the periodic payments may be provided to petitioner in monthly,
quarterly, annual, or other installments. The “annual amounts” set forth in the chart at Tab A
describe only the total yearly sum to be paid to petitioner and do not require that the payment be
made in one annual installment.
1. Growth Rate
Respondent proffers that a four percent (4%) growth rate should be applied to all non-
medical life care items, and a five percent (5%) growth rate should be applied to all medical life
care items. Thus, the benefits illustrated in the chart at Tab A that are to be paid through annuity
payments should grow as follows: four percent (4%) compounded annually from the date of
judgment for non-medical items, and five percent (5%) compounded annually from the date of
judgment for medical items. Petitioner agrees.
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.
4 Petitioner authorizes the disclosure of certain documents filed by the petitioner 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.
4

Case 1:20-vv-00967-UNJ Document 69 Filed 05/22/23 Page 7 of 10
2. Life-contingent annuity
Petitioner will continue to receive the annuity payments from the Life Insurance
Company only so long as he, Richard Saliot, is alive at the time that a particular payment is due.
Written notice shall be provided to the Secretary of Health and Human Services and the Life
Insurance Company within twenty (20) days of Richard Saliot’s death.
3. Guardianship
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
III. Summary of Recommended Payments Following Judgment
A. Lump Sum paid to petitioner, Richard Saliot: $758,944.62
B. Lump Sum paid jointly to petitioner, Richard Saliot, and
Waianae Coast Comprehensive Health Center: $521.84
C. An amount sufficient to purchase the annuity contract described
above in section II.B.
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
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
5

Case 1:20-vv-00967-UNJ Document 69 Filed 05/22/23 Page 8 of 10
s/Steven C Santayana
STEVEN C. SANTAYANA
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) 616-4310
Email: Steven.C.Santayana@usdoj.gov
Dated: April 19, 2023
6

Case 1:20-vv-00967-UNJ Document 69 Filed 05/22/23 Page 9 of 10
Appendix A: Items of Compensation for Richard Saliot Page 1 of 2
Lump Sum
Compensation Compensation Compensation
ITEMS OF COMPENSATION G.R. * M Year 1 Year 2 Years 3-Life
2023 2024 2025-Life
Medicare Part B Deductible 5% 226.00 226.00 226.00
Medigap 5% M 1,829.04 1,829.04 1,829.04
Medicare Part D 5% M 754.60 754.60 754.60
Grab Bars & Installation 4% 180.00
Raised Toilet Seat 4% 99.97 19.99 19.99
Ramping 4% 4,800.00
Toilet Aide 4% 24.99 8.33 8.33
Life Alert 4% M 727.26 687.36 687.36
Pain Management Evaluation 5% *
Pulmonary Function Evaluation 5% *
Speech Swallow Evaluation 4% *
Plastic Surgeon or ENT Evaluation 5% *
Psychology Evaluation 4% *
Psychiatry Evaluation 5% *
Bilateral Hand X-rays Evaluation 5% *
Orthopedic Hand Specialist Eval 5% *
Physical Therapy/Aqua Therapy Evaluation 4% *
Occupational Therapy Evaluation 4% *
Bilateral Shoulder X-rays Evaluation 5% *
Pre-Op Diagnostic Studies 5% *
Lab Studies 5% *
Home Care 4% M 48,413.60 48,413.60
Assisted Living Facility 4% M 87,000.00
Shower Bench 4% 55.00 11.00 11.00
Non Slip Bath Mat 4% 19.00 4.75 4.75
Electric Hospital Bed 4% *
Lift Recliner 4% * 529.99 53.00 53.00
Psychologist 4% *
Psychiatrist 5% *
PM&R 5% *
Pain Mngt Interventionist 5% *
Bilateral Finger Contracture Release 5% *
Emergency Room 5% *
Hospitalization 5% *
Bilateral Shoulder Injection 5% *
Shoulder MRI 5% *
Arthroscopic Shoulder Procedure 5% *
Effexor XR 5% *
Lidocaine 5% *
Tramadol 5% *
Senokot 4% 53.00 53.00 53.00
Ibuprofen 4% 46.00 46.00 46.00
Tegretol 4% *
Tylenol 4% 73.00 73.00 73.00

Case 1:20-vv-00967-UNJ Document 69 Filed 05/22/23 Page 10 of 10
Appendix A: Items of Compensation for Richard Saliot Page 2 of 2
Lump Sum
Compensation Compensation Compensation
ITEMS OF COMPENSATION G.R. * M Year 1 Year 2 Years 3-Life
2023 2024 2025-Life
Scooter 4% 2,558.00 511.60 511.60
Scooter Battery and Maintenance 4% 376.80 376.80 376.80
Manual Wheelchair 4% *
Walker 4% 284.00 56.80 56.80
Bilateral Dynamic Hand Splints 4% *
Speech Therapy 4% *
Physical Therapy/Aqua Therapy 4% *
Occupational Therapy 4% *
Case Management 4% M 2,880.00 2,880.00 2,880.00
Occupational Therapy Post Surgery 4% *
Vehicle Lift System 4% 7,500.00
Lost Future Earnings 433,830.00
Pain and Suffering 250,000.00
Past Unreimbursable Expenses to Petitioner 3,684.37
Past Unreimbursable Expenses payable
jointly to Petitioner and Waianae Coast
Comprehensive Health Center 521.84
Annual Totals 759,466.46 56,004.87 94,591.27
Note: Compensation Year 1 consists of the 12 month period following the date of judgment.
Compensation Year 2 consists of the 12 month period commencing on the first anniversary of the date of judgment.
As soon as practicable after entry of judgment, respondent shall make the following payment to petitioner for Yr 1 life care
expenses ($71,430.25), lost earnings ($433,830.00), pain and suffering ($250,000.00), and past unreimbursable
expenses ($3,684.37): $758,944.62.
As soon as practicable after entry of judgment, respondent shall make the following payment jointly to petitioner
and Waianae Coast Comprehensive Health Center for past unreimbursable expenses: $521.84.
Annual amounts payable through an annuity for future Compensation Years follow the anniversary of the date of judgment.
Annual amounts shall increase at the rates indicated above in column G.R., compounded annually from the date of judgment.
Items denoted with an asterisk (*) covered by health insurance and/or Medicare.
Items denoted with an "M" payable in twelve monthly installments totaling the annual amount indicated.