VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01275
Package ID: USCOURTS-cofc-1_20-vv-01275
Petitioner: Julio Mendoza
Filed: 2020-09-28
Decided: 2023-02-21
Vaccine: influenza
Vaccination date: 2017-09-22
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 236464.07

AI-assisted case summary:
Julio Mendoza filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barré Syndrome (GBS) after receiving an influenza vaccine on September 22, 2017. He claimed that his GBS met the definition for a Table injury and that he experienced residual effects for more than six months. Respondent denied that the petitioner sustained a Table injury or that the vaccine caused his condition. Nevertheless, the parties reached a joint stipulation for settlement. The decision awarded Julio Mendoza a total of $236,464.07, comprising a lump sum of $154,195.42 for life care expenses and pain and suffering, $82,268.65 to satisfy a Medicaid lien, and an amount sufficient to purchase an annuity contract for future life care expenses. The stipulation also addressed attorneys' fees and litigation costs. The case was settled as a Table claim, and the award was made pursuant to the terms of the stipulation.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01275-0
Date issued/filed: 2023-02-21
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 01/20/2023) regarding 45 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:20-vv-01275-UNJ Document 52 Filed 02/21/23 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1275V
UNPUBLISHED
JULIO MENDOZA, Chief Special Master Corcoran
Petitioner, Filed: January 20, 2023
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages; Influenza
HUMAN SERVICES, (Flu) Vaccine; Guillain-Barre
Syndrome (GBS)
Respondent.
John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner.
Sarah Black Rifkin, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On September 28, 2020, Julio Mendoza 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 Guillain-Barré Syndrome (“GBS”),
which meets the definition for a Table GBS or, in the alternative, was caused-in-fact by
the influenza vaccine he received on October 9, 2017. Petition at 1, ¶¶ 1, 39; Stipulation,
filed at Jan. 19, 2023, ¶¶ 1-2, 4. Petitioner further alleges that he received the flu vaccine
within the United States, that he suffered the residual effects of his GBS for more than six
months, and that neither he nor any other person has filed a civil action or received
compensation for his GBS, alleged as vaccine caused. Petition at ¶¶ 1, 37-38; Stipulation
at ¶¶ 3-5. “Respondent denies that . . . [P]etitioner sustained a GBS Table injury; denies
that the vaccine caused [P]etitioner’s alleged GBS, or any other injury; and denies that
his current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6.
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-01275-UNJ Document 52 Filed 02/21/23 Page 2 of 9
Nevertheless, on January 19, 2023, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. I find the stipulation
reasonable and adopt it as my decision awarding damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
1. A lump sum payment of $154,195.42, representing compensation for first
year life care expenses and pain and suffering in the form of a check payable
to Petitioner
2. A lump sum payment of $82,268.65, representing compensation in
satisfaction of a Medicaid lien for services rendered to Petitioner, in the form
of a check payable jointly to Petitioner and the Anthem Blue Cross Blue
Shield Healthcare Solutions, Medicaid Managed Care Program, and mailed
to:
Anthem Blue Cross Blue Shield Healthcare Solutions, Medicaid Managed Care
Department of Health Care Services
CLAIMS RECOVERY SERVICES L-3994
Columbus, OH 43260-3994
Tax ID: 41-1858498
Petitioner agrees to endorse this payment to Anthem Blue Cross Blue Shield Healthcare
Solutions.
3. An amount sufficient to purchase an annuity contract, as described in
paragraph 10 of the Stipulation, paid to the life insurance company from
which the annuity will be purchased.
These amounts represent compensation for all damages that would be available under
Section 15(a).
I approve the requested amount for Petitioner’s compensation. In the absence of
a motion for review filed pursuant to RCFC Appendix B, 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-01275-UNJ Document 52 Filed 02/21/23 Page 3 of 9
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JULIO MENDOZA, }
)
Petitioner, )
v. )
) No. 20-1275V (ECF)
SECRETARY OF HEALTH ) Chief Special Master Corcoran
AND HUMAN SERVICES, )
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
I. Julio Mendoza. petitioner, filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of the influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § 100.3 (a).
2. Petitioner received his flu vaccination on September 22, 2017.
3. The vaccination was administered within the United States .
.4 ..P etitioner alleges that ~e suffered from Guillai!l, Barre Syndrome (".G~S") within the
time period set forth in the Table. He further alleges that he experienced the residual effects of
this condition for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on his behalf as a result of his condition.

Case 1:20-vv-01275-UNJ Document 52 Filed 02/21/23 Page 4 of 9
6. Respondent denies that that petitioner sustained a GBS Table injury; denies that the
vaccine caused petitioner's alleged GBS, or any other injury; and denies that his current
condition is a sequels of a vaccine-related injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry ofj udgment reflecting a decision consistent with
the tenns of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21 (a)(l ), the Secretary of Health and Human Services will issue
the following vaccine compensation payments:
a. A lump sum of $154,195.42, which amount represents compensation for first year life
care expenses and pain and suffering, in the fonn of a check payable to petitioner;
b. A lump sum of $82,268.65, 1 representing reimbursement of a lien for services
rendered to petitioner, in the fonn of a check payable jointly to petitioner and the Anthem
Blue Cross Blue Shield Healthcare Solutions, Medicaid Managed Care Program:
Anthem Blue Cross Blue Shield Healthcare Solutions, Medicaid Managed Care
Department of Health Care Services
CLAIMS RECOVERY SERVICES L-3994
Columbus, OH 43260-3994
Tax ID: 41-1858498
Petitioner agrees to endorse this check to Anthem Blue Cross Blue Shield Healthcare
Soluti'ons. . . .
· c. An amount sufficient to purchase the annuity contract described in paragraph I 0
below, paid to the life insurance-company from which the annuity will be purchased (the
"Life Insurance Company").
1 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or
cause of action that Anthem Blue Cross Blue Shield may have against any individual as a result
of any Medicaid payments made to or on behalf of Julio Mendoza as a result of his alleged
vaccine-related injury suffered on or about September 22, 2017, under Title XIX of the Social
Security Act. See 42 U.S.C. § 300aa-J S(g),(h).
2

Case 1:20-vv-01275-UNJ Document 52 Filed 02/21/23 Page 5 of 9
These amounts represent compensation for all damages that would be available under 42
U.S.C. §300aa-15(a).
9. 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 foJlowing 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, Aal, 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.
I0 . The Secretary of Health and Human Services agrees to purchase an annuity contract
from the Life lnsurance Company for the benefit of petitioner, Julio Mendoza, pursuant to which
the Life Insurance Company will agree to make payments periodically to petitioner as follows
for the following life care items available under 42 U.S.C. §300aa-15(a).
a. For future unreimbursable life care expenses, beginning on the first anniversary of the
date ofj udgment, an annual amount of $24,195.42 to be paid for the remainder of
petitioner's life, increasing at the rate of three percent (3%), compounded annually from
the date ofj udgment.
At the sole discretion of the Secretary of Health and Human Serv!ces, the periodic paym~nts set
forth in paragraph IO above may be provided to petitioner in monthly, quarterly, annual, or other
installments. The "annual amounts" set forth above describe only the total yearly sum to be paid
to petitioner and do not require that the payment be made in one annual installment. Petitioner
will continue to receive the annuity payments from the Life Insurance Company only so long as
he, Julio Mendoza, is alive at the time that a particular payment is due. Written notice shall be
3

Case 1:20-vv-01275-UNJ Document 52 Filed 02/21/23 Page 6 of 9
provided to the Secretary of Health and Human Services and the Life Insurance Company within
twenty (20) days of Julio Mendoza's death.
11. The annuity contract will be owned solely and exclusively by the Secretary of Health
and Human Services and will be purchased as soon as practicable following the entry of a
judgment in conformity with this Stipulation. The parties stipulate and agree that the Secretary
of Health and Human Services and the United States of America are not responsible for the
payment of any sums other than the amounts set forth in paragraph 8 herein and the amounts
awarded pursuant to paragraph 12 herein, and that they do not guarantee or insure any of the
future annuity payments. Upon the purchase of the annuity contract, the Secretary of Health and
Human Services and the United States of America are released from any and all obligations with
respect to future annuity payments.
12. As soon as practicable after the entry of judgment on entitlement in this case, and
after petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-21(aXI), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys' fees and costs incurred in proceeding
upon this petition.
I 3. Petitioner and his attorney represent that they have identified to respondent all
known sources of payment for items or services for which the Program is not primarily liable·
under 42 U.S.C. § 300aa• l 5(g), including State compensation programs, insurance policies,
Federal or State health benefits programs (other than Title XIX of the Social Security Act
( 42 U. S.C. § I 396 et seq.)), or entities that provide health services on a pre-paid basis.
4

Case 1:20-vv-01275-UNJ Document 52 Filed 02/21/23 Page 7 of 9
14. Payments made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 12 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-l 5(i),
subject to the availability of sufficient statutory funds.
15. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs, and past unreimbursable expenses, the money provided
pursuant to this Stipulation either immediately or as part of the annuity contract, will be used
solely for petitioner's benefit as contemplated by a strict construction of 42 U.S.C. §§ 300aa-
15(a) and (d), and subject to the conditions of 42 U.S.C. §§ 300aa-I 5(g} and (h).
16. In return for the payments described in paragraphs 8 and 12, petitioner, in his
individual capacity, and on behalf of his heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting. ·
on
from, or alleged to have resulted from, the flu v~ccination administered September 22, 2017, ·
as alleged by petitioner in a petition for vaccine compensation filed on or about September 28,
2020, in the United States Court of Federal Claims as petition No. 20~ I2 75V.
17. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
5

Case 1:20-vv-01275-UNJ Document 52 Filed 02/21/23 Page 8 of 9
18. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete confonnity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
19. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 12 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
20. Petitioner hereby authorizes respondent to disclose documents filed by 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.
21. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused petitioner.'s alleged GBS or
- .
any other injury or his cutrent' condition.
22. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
6

Case 1:20-vv-01275-UNJ Document 52 Filed 02/21/23 Page 9 of 9
Retpectfully 1ubmlt1ed,
I
ATTORNEY OF RECORD AUTHORIZED REPRESENT A TJVE
FOR PETmONER: OF THE A 1TORNEV GENERAL:
_4A, Ct;k\UA--Y-9~
J R. HO IE, JR., ESQ. HEA TIIER L. PEARLMAN
H lELAW,P.C. Deputy Director
2608 Hibernia Street Torts Branch
Oallu, Texas 75204 Civil Division
Tel: (214) 622-6340 U.S.DepartmcntofJustice
Email: jbowie@howiclaw.net P.O. Box 146
Benjamin Franklin Station
WasbingtOn. DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
Of THE SECRETA RV OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
CDR GEORGE REED GRIMES, MD. MPH
Dnccor, Division of Injury Trial Attorney
Coolpemation Programs Torts Branch
HeaJlh Systems Bureau Civil Division
Health Raourca and Services U.S.OcpatmeotofJustice
Adminilttition P.O. Box 146
U.S. Dq,artmart of Health Benjamin Franklin Station
and Human Servica Washington, DC 20044-0146
S600 Filben Lane. 08Nl46B Tel: (202) 305-S997
Rockville. MD 20857 Email: aarah.rifkin@usdoj.gov
Jar,
Daled: , ;q, 202.J
7