VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00764
Package ID: USCOURTS-cofc-1_21-vv-00764
Petitioner: Mario Garcia
Filed: 2021-01-19
Decided: 2023-09-07
Vaccine: influenza
Vaccination date: 2018-01-18
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 203728

AI-assisted case summary:
Mario Garcia filed a petition for compensation under the National Vaccine Injury Compensation Program on January 19, 2021, alleging that he suffered Guillain-Barré Syndrome (GBS) and Bell's Palsy as a result of an influenza vaccine administered on January 18, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on November 18, 2022, conceding that Mr. Garcia's GBS was a Table injury and that he was entitled to compensation for it. The respondent specifically denied that the flu vaccine caused Bell's Palsy. Mr. Garcia elected to pursue compensation for his GBS claim alone. On November 23, 2022, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement, finding Mr. Garcia entitled to compensation for his GBS. Subsequently, on August 4, 2023, the respondent filed a proffer on award of compensation. The respondent proposed an award of $115,000.00 for pain and suffering and $88,728.86 for past lost wages, totaling $203,728.86. The petitioner agreed with this proffered award. Chief Special Master Corcoran issued a Decision Awarding Damages on September 7, 2023, awarding Mr. Garcia a lump sum payment of $203,728.86, consisting of $115,000.00 for pain and suffering and $88,728.86 for past lost wages. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury. Petitioner's counsel was Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC. Respondent's counsel included Kyle Edward Pozza and Dorian Hurley of the U.S. Department of Justice.

Theory of causation field:
Petitioner Mario Garcia alleged Guillain-Barré Syndrome (GBS) and Bell's Palsy following an influenza vaccine on January 18, 2018. The respondent conceded that GBS was a Table injury, satisfying the criteria of the Vaccine Injury Table and Qualifications and Aids to Interpretation. The respondent specifically denied causation for Bell's Palsy. Petitioner pursued only the GBS claim. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement finding Petitioner entitled to compensation for GBS. A subsequent Proffer on Award of Compensation, agreed to by Petitioner, proposed $115,000.00 for pain and suffering and $88,728.86 for past lost wages, totaling $203,728.86. Chief Special Master Corcoran issued a Decision Awarding Damages on September 7, 2023, awarding the total sum of $203,728.86. The public text does not detail the specific mechanism of injury, medical experts, or clinical findings beyond the diagnosis of GBS.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00764-0
Date issued/filed: 2022-12-28
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/23/2022) regarding 21 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-00764-UNJ Document 24 Filed 12/28/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-764V
UNPUBLISHED
MARIO GARCIA, Chief Special Master Corcoran
Petitioner, Filed: November 23, 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.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Kyle Edward Pozza, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 19, 2021, Mario Garcia 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”) and
Bell’s Palsy as a result of an influenza (“flu”) vaccine administered to him on January 18,
2018. Petition at 1. Petitioner further alleges that he suffered the residual effects of his
injury for more than six months, and that there has been no prior award or settlement of
a civil action on his behalf as a result of his injury. Petition ¶¶ 6-7. 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 1:21-vv-00764-UNJ Document 24 Filed 12/28/22 Page 2 of 2
On November 18, 2022, Respondent filed his Rule 4(c) report in which he
concedes that Petitioner is entitled to compensation in this case for his GBS injury
following administration of the flu vaccine.3 Respondent’s Rule 4(c) Report at 1.
Specifically, Respondent indicates that
[me]dical personnel at the Division of Injury Compensation Programs,
Department of Health and Human Services (“DICP”), have reviewed the
petition and medical records filed in the case. It is respondent’s position that
petitioner has satisfied the criteria set forth in the Vaccine Injury Table
(“Table”) and the Qualifications and Aids to Interpretation (“QAI”).
Id. at 7 (citing 42 C.F.R. §§ 100.3(a)(XIV)(D), 100.3(c)(15)). Respondent further provides
that the “scope of damages to be awarded is limited to petitioner’s GBS and its related
sequelae only”. 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
3 Respondent “specifically denies that the flu vaccine caused-in-fact petitioner’s Bell’s Palsy.”
Respondent’s Rule 4(c) Report at 1, n. 1. Petitioner has elected to pursue compensation for his GBS
claim alone. Informal Communication dated November 23, 2022.
2

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DOCUMENT 2: USCOURTS-cofc-1_21-vv-00764-1
Date issued/filed: 2023-09-07
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 08/04/2023) regarding 32 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-00764-UNJ Document 36 Filed 09/07/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-764V
MARIO GARCIA, Chief Special Master Corcoran
Petitioner, Filed: August 4, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Dorian Hurley, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 19, 2021, Mario Garcia 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 he suffered Guillain-Barré Syndrome (“GBS”) and Bell’s
Palsy as a result of an influenza (“flu”) vaccine administered to him on January 18, 2018.
Petition at 1.The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On November 23, 2022, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for GBS. On August 4, 2023, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $115,000.00
for pain and suffering and $88,728.86 for past lost wages. Proffer at 2. In the Proffer,
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 1:21-vv-00764-UNJ Document 36 Filed 09/07/23 Page 2 of 5
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 $203,728.86 (representing $115,000.00 for pain and suffering and
$88,728.86 for past lost wages) 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 1:21-vv-00764-UNJ Document 36 Filed 09/07/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
MARIO GARCIA, )
)
Petitioner, ) No. 21-764V
)
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 19, 2021, Mario Garcia (“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”), alleging that he suffered Guillain-Barré Syndrome (“GBS”), as defined in the Vaccine
Injury Table, and Bell’s Palsy following administration of an influenza vaccine he received on
January 18, 2018. Petition at 1. On November 18, 2022, the Secretary of Health and Human
Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for
compensation under the terms of the Act for a GBS Table injury,1 and on November 23, 2022,
the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to
compensation.2 ECF No. 20; ECF No. 21.
1 Respondent specifically denied that the flu vaccine caused-in-fact petitioner’s Bell’s Palsy and
stated that the scope of damages to be awarded was limited to petitioner’s GBS and its related
sequelae only. ECF No. 20 at 1 n.1, 7.
2 The Ruling on Entitlement noted that petitioner elected to pursue compensation for his GBS
claim alone. ECF No. 21.

Case 1:21-vv-00764-UNJ Document 36 Filed 09/07/23 Page 4 of 5
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $115,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Lost Wages
Evidence supplied by petitioner documents that he incurred past lost wages related to his
vaccine-related injury. Respondent proffers that petitioner should be awarded past lost wages in
the amount of $88,728.86. See 42 U.S.C. § 300aa-15(a)(3)(A). 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 following3: a lump sum payment of $203,728.86, in the form of
a check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Mario Garcia: $203,728.86
Respectfully submitted,
BRYAN M. BOYNTON
Principal Deputy Assistant Attorney General
3 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,
unreimbursed expenses, future lost earnings and future pain and suffering.
2

Case 1:21-vv-00764-UNJ Document 36 Filed 09/07/23 Page 5 of 5
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ Dorian Hurley
DORIAN HURLEY
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) 353-7751
DATED: August 4, 2023
3