VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00252
Package ID: USCOURTS-cofc-1_21-vv-00252
Petitioner: Salvador Fernandez
Filed: 2021-01-07
Decided: 2025-04-14
Vaccine: influenza
Vaccination date: 2018-09-27
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 75000

AI-assisted case summary:
Kevin Fernandez, as administrator of the estate of Salvador Fernandez, filed a petition for compensation on January 7, 2021. The petition alleged that the influenza vaccine administered on September 27, 2018, caused Mr. Fernandez to suffer from Guillain-Barré Syndrome (GBS), a condition listed on the Vaccine Injury Table. Respondent denied that the flu vaccine caused Mr. Fernandez's GBS or any other injury or death. Despite the denial, the parties reached a joint stipulation for compensation, which Special Master Christian J. Moran found reasonable and adopted as the Court's decision. The stipulation awarded a lump sum of $75,000.00, to be paid via ACH deposit to petitioner's counsel's IOLTA account for disbursement to the petitioner as the legal representative of Mr. Fernandez's estate. This award is intended to compensate for all damages available under 42 U.S.C. § 300aa-15(a). The decision was issued on April 14, 2025. Petitioner's counsel was Lawrence R. Cohan, and respondent's counsel was Madelyn Weeks. The public decision does not describe the onset of symptoms, specific clinical details, or expert testimony.

Theory of causation field:
Petitioner alleged that the influenza vaccine received on September 27, 2018, caused Guillain-Barré Syndrome (GBS), a condition listed on the Vaccine Injury Table. Respondent denied causation. The parties entered into a joint stipulation for compensation, which was adopted by Special Master Christian J. Moran. The stipulation resulted in an award of $75,000.00 as a lump sum for all damages. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings. The theory of causation relied upon the Vaccine Injury Table. The decision date was April 14, 2025. Petitioner's counsel was Lawrence R. Cohan, and respondent's counsel was Madelyn Weeks.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00252-0
Date issued/filed: 2025-04-14
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 03/21/2025) regarding 87 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (jjb) Service on parties made.
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Case 1:21-vv-00252-UNJ Document 88 Filed 04/14/25 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
KEVIN FERNANDEZ, *
as administrator of the estate of * No. 21-252V
Salvador Fernandez, *
*
Petitioner, * Special Master Christian J. Moran
*
v. *
* Filed: March 21, 2025
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Lawrence R. Cohan, Saltz Mongeluzzi & Bendesky, Philadelphia, PA, for
Petitioner;
Madelyn Weeks, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On March 20, 2025, the parties filed a joint stipulation concerning the
petition for compensation filed by Norys Fernandez on January 7, 2021. Petitioner
alleged that the influenza (“flu”) vaccine Salvador Fernandez (“Mr. Fernandez”)
received on September 27, 2018, which is contained in the Vaccine Injury Table
(the “Table”), 42 C.F.R. §100.3(a), caused Mr. Fernandez to suffer from a Table
injury of Guillain-Barré Syndrome (“GBS”). Petitioner represents that there has
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), the
parties have 14 days to identify and move to redact medical or other information, the disclosure
of which would constitute an unwarranted invasion of privacy. Any changes will appear in the
document posted on the website.

Case 1:21-vv-00252-UNJ Document 88 Filed 04/14/25 Page 2 of 8
been no prior award or settlement of a civil action for damages on Mr. Fernandez’s
behalf as a result of Mr. Fernandez’s condition.
Respondent denies that Mr. Fernandez’s alleged GBS were caused-in-fact by
the flu vaccine; and denies that the flu vaccine caused Mr. Fernandez any other
injury or Mr. Fernandez’s death. Nevertheless, the parties agree to the joint
stipulation, attached hereto. The undersigned finds said stipulation reasonable and
adopts it as the decision of the Court in awarding damages, on the terms set forth
therein.
Damages awarded in that stipulation include:
A lump sum of $75,000.00 to be paid through an ACH deposit to
petitioner’s counsel’s IOLTA account for prompt disbursement to
petitioner as legal representative of Mr. Fernandez’s estate.
These amounts represents compensation for all damages that would
be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment according to this decision and the attached
stipulation.2
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

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