VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00845
Package ID: USCOURTS-cofc-1_21-vv-00845
Petitioner: Joseph Ned Martinez
Filed: 2021-12-28
Decided: 2023-01-06
Vaccine: influenza
Vaccination date: 2019-11-01
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 190000

AI-assisted case summary:
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.

Theory of causation field:
Petitioner Joseph Ned Martinez alleged Guillain-Barre Syndrome (GBS) following an influenza vaccine administered on November 1, 2019. The Respondent, Secretary of Health and Human Services, conceded entitlement, determining that Petitioner's GBS met the criteria set forth in the Vaccine Injury Table for a flu vaccine. The public decision does not describe the specific medical or scientific mechanism of causation, nor does it name any medical experts. The case proceeded to a damages determination based on a proffer. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on December 28, 2021, finding Petitioner entitled to compensation. On January 6, 2023, Chief Special Master Corcoran issued a Decision Awarding Damages, awarding Petitioner a lump sum payment of $190,000.00 for actual and projected pain and suffering, which was agreed upon by Petitioner. Petitioner was represented by Leah VaSahnja Durant and Respondent by Julia Marter Collison.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00845-0
Date issued/filed: 2022-01-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/28/2021) regarding 18 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:21-vv-00845-UNJ Document 20 Filed 01/27/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-845V
UNPUBLISHED
JOSEPH NED MARTINEZ, Chief Special Master Corcoran
Petitioner, Filed: December 28, 2021
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.
Julia Marter Collison, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 2, 2021, Joseph Ned Martinez 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-Barre Syndrome (“GBS”) as a
result of an influenza (“flu”) vaccine administered on November 1, 2019. Petition at ¶¶ 1.
Petitioner further alleges that the vaccine was administered within the United States, that
he has suffered the sequalae of his injury for more than six months, and that he has not
received compensation in the form of an award or settlement for his injury. Petition at ¶¶
1, 3. 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-00845-UNJ Document 20 Filed 01/27/22 Page 2 of 2
On December 16, 2021, 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 has reviewed the records filed in this case, and it is
his position that Petitioner satisfies the criteria set forth in the Vaccine Injury Table and
the Qualifications and Aids to Interpretation for GBS following a flu vaccine. Id. at 4.
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_21-vv-00845-1
Date issued/filed: 2023-01-06
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 12/06/2022) regarding 32 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:21-vv-00845-UNJ Document 36 Filed 01/06/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-845V
UNPUBLISHED
JOSEPH NED MARTINEZ, Chief Special Master Corcoran
Petitioner, Filed: December 6, 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.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Julia Marter Collison, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 2, 2021, Joseph Ned Martinez 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-Barre Syndrome (“GBS”) as a
result of an influenza vaccine administered on November 1, 2019. Petition at 1. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On December 28, 2021, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for GBS. On December 2, 2022, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $190,000.00
in actual and projected pain and suffering. Proffer at 1. In the Proffer, Respondent
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 1:21-vv-00845-UNJ Document 36 Filed 01/06/23 Page 2 of 5
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 $190,000.00 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-00845-UNJ Document 36 Filed 01/06/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JOSEPH NED MARTINEZ,
Petitioner, No. 21-845V (ECF)
Chief Special Master Corcoran
v. SPU
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On February 2, 2021, Joseph Ned Martinez (“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 a
result of an influenza (“flu”) vaccine administered to him on November 1, 2019. On December
16, 2021, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report
indicating that petitioner’s GBS case is appropriate for compensation under the terms of the Act,
and on December 28, 2021 the Chief Special Master issued a Ruling on Entitlement finding
petitioner entitled to compensation.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $190,000.00 in actual and
projected pain and suffering. This amount reflects that the award for projected pain and
suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner
agrees.

Case 1:21-vv-00845-UNJ Document 36 Filed 01/06/23 Page 4 of 5
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 $190,00.00, in the form of a
check payable to petitioner, Joseph Ned Martinez.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Joseph Ned Martinez: $190,000.00
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
ALEXIS BABCOCK
Assistant 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 1:21-vv-00845-UNJ Document 36 Filed 01/06/23 Page 5 of 5
/s/ Julia M. Collison
JULIA M. COLLISON
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, DC 20044-0146
Tel: (202) 305-0102
Dated: December 2, 2022
3