Joseph Ned Martinez v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2023)

Joseph Ned Martinez filed a petition for compensation under the National Vaccine Injury Compensation Program on February 2, 2021, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on November 1, 2019. The respondent, the Secretary of Health and Human Services, reviewed the case records and filed a Rule 4(c) report on December 16, 2021, conceding that Mr.

Martinez is entitled to compensation. The respondent determined that Mr.

Martinez's GBS case met the criteria set forth in the Vaccine Injury Table for a flu vaccine. On December 28, 2021, Chief Special Master Brian H.

Corcoran issued a Ruling on Entitlement, finding Petitioner entitled to compensation. Following this ruling, the parties proceeded to determine damages.

On December 2, 2022, the respondent filed a Proffer on Award of Compensation, recommending an award of $190,000.00 for actual and projected pain and suffering, noting that the projected pain and suffering amount had been reduced to net present value. The proffer stated that Mr.

Martinez agreed with this proffered award. On January 6, 2023, Chief Special Master Corcoran issued a Decision Awarding Damages, awarding Mr.

Martinez a lump sum payment of $190,000.00 in the form of a check payable to him. This amount represents compensation for all damages available under Section 15(a) of the Vaccine Act.

Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and Respondent was represented by Julia Marter Collison of the U.S.

Department of Justice.