VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01661
Package ID: USCOURTS-cofc-1_21-vv-01661
Petitioner: Anthony Flores
Filed: 2021-08-04
Decided: 2023-11-17
Vaccine: influenza
Vaccination date: 2019-10-24
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 130744

AI-assisted case summary:
Anthony Flores filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine he received on October 24, 2019. The petition was filed on August 4, 2021. Respondent conceded that Mr. Flores is entitled to compensation, stating that his case met the criteria for a Table injury. Specifically, Respondent noted that GBS onset occurred within the Table-defined window of three to forty-two days after the flu vaccination, and there was no apparent alternative cause. Respondent also confirmed that the case was timely filed, the vaccine was administered in the United States, and Mr. Flores met the statutory severity requirement of suffering residual effects for more than six months. Based on Respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement. Subsequently, on October 11, 2023, the parties submitted a proffer for an award of compensation. The proffer stipulated a total award of $130,744.23, comprising $122,000.00 for pain and suffering, $211.50 for past unreimbursable expenses, and $8,532.73 for lost earnings. Mr. Flores agreed with this proposed award. The Chief Special Master issued a decision awarding the stipulated amount, concluding the case.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-01661-0
Date issued/filed: 2022-10-18
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/08/2022) regarding 30 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-01661-UNJ Document 33 Filed 10/18/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1661V
UNPUBLISHED
ANTHONY FLORES, Chief Special Master Corcoran
Petitioner, Filed: September 8, 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.
Justin Aaron Smith, Sloan Bagley Hatcher & Perry Law, Longview, TX, for Petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On August 4, 2021, Anthony Flores 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”) as a
result of an influenza (“flu”) vaccine he received on October 24, 2019. Petition at 1.
Petitioner further alleges that he suffered the residual effects or complications of his injury
for more than six months after vaccine administration. Petition at 3. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On September 8, 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 states that “petitioner has satisfied the criteria set forth in the
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-01661-UNJ Document 33 Filed 10/18/22 Page 2 of 2
Vaccine Injury Table and the Qualifications and Aids to Interpretation, which affords
petitioner a presumption of causation if onset of GBS occurs between three and forty-two
days after receipt of a seasonal flu vaccination and there is no apparent alternative
cause.” Id. at 7. Respondent further agrees that “the case was timely filed, that the vaccine
was received in the United States, and that petitioner satisfies the statutory severity
requirement by suffering the residual effects or complications of his injury for more than
six months after vaccine administration.” Id. Respondent states that Petitioner is entitled
to compensation. Id. at 1.
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-01661-1
Date issued/filed: 2023-11-17
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 10/12/2023) regarding 49 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-01661-UNJ Document 51 Filed 11/17/23 Page 1 of 5
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1661V
ANTHONY FLORES, Chief Special Master Corcoran
Petitioner,
v.
Filed: October 12, 2023
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Justin Aaron Smith, Sloan Bagley Hatcher & Perry Law Firm, Longview, TX, for
Petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On August 4, 2021, Anthony Flores 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”) as a
result of an influenza (“flu”) vaccine he received on October 24, 2019. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On September 8, 2022, a ruling on entitlement was issued, finding Petitioner
entitled to compensation. On October 11, 2023, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded a total of $130,744.23,
consisting of $122,000.00 in pain and suffering, $211.50, in past unreimbursable
expenses, and $8,532.73 in lost earnings. Proffer at 1-2. 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.
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-01661-UNJ Document 51 Filed 11/17/23 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $130,744.23 (consisting of $122,000.00 in pain and suffering,
$211.50, in past unreimbursable expenses, and $8,532.73 in lost earnings) 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-01661-UNJ Document 51 Filed 11/17/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ANTHONY FLORES,
Petitioner,
No. 21-1661V
ECF
v.
Chief Special Master Corcoran
SECRETARY OF HEALTH AND
Special Processing Unit (SPU)
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On August 4, 2021, Anthony Flores (“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 from Guillain-Barré syndrome (“GBS”) as a result of an
influenza (“flu”) vaccine administered on October 24, 2019. Petition at 1. On September 8,
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. ECF No. 29. That same day, the Chief Special Master issued a Ruling on
Entitlement finding petitioner entitled to compensation. ECF No. 30.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $122,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Past Unreimbursable Expenses to Petitioner
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

Case 1:21-vv-01661-UNJ Document 51 Filed 11/17/23 Page 4 of 5
unreimbursable expenses in the amount of $211.50. See 42 U.S.C. § 300aa-15(a)(1)(B).
Petitioner agrees.
C. Lost Earnings
The parties agree that based upon the evidence of record, petitioner has suffered a past
loss of earnings as a result of his vaccine-related injury. Therefore, respondent proffers that the
Court should award petitioner a lump sum of $8,532.73 for his lost earnings as provided under
the Vaccine Act, 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 following1: a lump sum payment of $130,744.23, in the form of
a check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Anthony Flores: $130,744.23
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
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-01661-UNJ Document 51 Filed 11/17/23 Page 5 of 5
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
s/ Claudia B. Gangi
CLAUDIA B. GANGI
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Tel.: (202) 616-4138
claudia.gangi@usdoj.gov
DATED: October 11, 2023
3