VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01464
Package ID: USCOURTS-cofc-1_20-vv-01464
Petitioner: Humberto Rodriguez
Filed: 2022-02-16
Decided: 2022-10-18
Vaccine: influenza
Vaccination date: 2018-02-20
Condition: Guillain Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 205873

AI-assisted case summary:
Humberto Rodriguez filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine received on February 20, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Rodriguez was entitled to compensation. The respondent agreed that Mr. Rodriguez satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. Subsequently, a ruling on entitlement was issued on February 16, 2022, finding Mr. Rodriguez entitled to compensation. On September 7, 2022, the respondent filed a proffer on award of compensation, recommending an award of $205,873.71. This amount was comprised of $202,500.00 for pain and suffering and $3,373.71 for past unreimbursable expenses. Mr. Rodriguez, an adult, agreed with the proffered award. The Chief Special Master issued a decision awarding Mr. Rodriguez the lump sum payment of $205,873.71.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01464-0
Date issued/filed: 2022-03-21
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/16/2022) regarding 18 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01464-UNJ Document 21 Filed 03/21/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1464V
UNPUBLISHED
HUMBERTO RODRIGUEZ, Chief Special Master Corcoran
Petitioner, Filed: February 16, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Guillain-Barre Syndrome (GBS)
Respondent.
Russell Berkowitz, Berkowitz and Hanna LLC, Shelton, CT, for Petitioner.
Dhairya Divyakant Jani, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On October 26, 2020, Humberto Rodriguez 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 from Guillain Barre Syndrome (“GBS”)
as a result of an influenza vaccine received on February 20, 2018. Petition at 1. Petitioner
further alleges the vaccine was administered in the United States, he suffered the residual
effects and complications of GBS for more than six months, and neither Petitioner nor
any other party has ever filed an action or received compensation in the form of an award
or settlement for his vaccine-related injury. Petition at ¶¶ 2, 22-24. 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.
§ 300aa (2012).

Case 1:20-vv-01464-UNJ Document 21 Filed 03/21/22 Page 2 of 2
On February 14, 2022, 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 has satisfied the criteria set forth in the
Vaccine Injury Table and the Qualifications and Aids to Interpretation.” Id. at 6.
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-01464-1
Date issued/filed: 2022-10-18
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 09/07/2022) regarding 26 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:20-vv-01464-UNJ Document 29 Filed 10/18/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1464V
UNPUBLISHED
HUMBERTO RODRIGUEZ, Chief Special Master Corcoran
Petitioner, Filed: September 7, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Guillain-
Barre Syndrome (GBS)
Respondent.
Russell Berkowitz, Berkowitz and Hanna LLC, Shelton, CT, for Petitioner.
Dhairya Divyakant Jani, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On October 26, 2020, Humberto Rodriguez 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 from Guillain Barre Syndrome (“GBS”)
as a result of an influenza vaccine received on February 20, 2018. Petition at 1. Petitioner
further alleges the vaccine was administered in the United States, he suffered the residual
effects and complications of GBS for more than six months, and neither Petitioner nor
any other party has ever filed an action or received compensation in the form of an award
or settlement for his vaccine-related injury. Petition at ¶¶ 2, 22-24. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On February 16, 2022, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for GBS. On September 7, 2022, Respondent filed a proffer on
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-01464-UNJ Document 29 Filed 10/18/22 Page 2 of 5
award of compensation (“Proffer”) indicating Petitioner should be awarded $205,873.71.
Proffer at 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 a lump
sum payment of $205,873.71 (comprised of $202,500.00 in pain and suffering and
$3,373.71 in past unreimbursable expenses) in the form of a check payable to
Petitioner. 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.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-01464-UNJ Document 29 Filed 10/18/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
HUMBERTO RODRIGUEZ, *
*
Petitioner, *
*
v. * No. 20-1464V (ECF)
* CHIEF SPECIAL MASTER
* BRIAN H. CORCORAN
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 26, 2020, Humberto Rodriguez (“petitioner”) filed a petition for
compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1
to -34 (“Vaccine Act” or “Act”), as amended. Petitioner alleged that he suffered Guillain-Barré
syndrome as a result of an influenza vaccine administered on February 20, 2018. Petition at 1.
On February 14, 2022, the Secretary of Health and Human Services (“respondent”) filed a
Vaccine Rule 4(c) report recommending that compensation be awarded, and on February 16,
2022, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to
compensation. ECF No. 17; ECF No. 18.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $202,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-01464-UNJ Document 29 Filed 10/18/22 Page 4 of 5
B. Past Unreimbursable Expenses
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 $3,373.71. See 42 U.S.C. § 300aa-15(a)(1)(B).
Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner should be made through a
lump sum payment as described below and requests that the Chief Special Master’s decision and
the Court’s judgment award the following1: a lump sum payment of $205,873.71, in the form of
a check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Humberto Rodriguez: $205,873.71
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C.SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
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 lost earnings
and future pain and suffering.
2

Case 1:20-vv-01464-UNJ Document 29 Filed 10/18/22 Page 5 of 5
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ DHAIRYA D. JANI
DHAIRYA D. JANI
Trial Attorney
U.S. Department of Justice
Torts Branch, Civil Division
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-4356
Email: Dhairya.Jani@usdoj.gov
Dated: September 7, 2022
3