VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00719
Package ID: USCOURTS-cofc-1_22-vv-00719
Petitioner: Jose Fernandez
Filed: 2022-08-20
Decided: 2024-09-26
Vaccine: influenza
Vaccination date: 2019-11-23
Condition: Guillain-Barre Syndrome
Outcome: compensated
Award amount USD: 140000

AI-assisted case summary:
Jose Fernandez filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered from Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on November 23, 2019. The petition stated that the vaccine was administered in the United States, that he suffered residual effects for more than six months, and that he had not received any settlement or damages. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Fernandez is entitled to compensation. The respondent concluded that Mr. Fernandez satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for GBS following a flu vaccine. A ruling on entitlement was issued on August 20, 2024, finding Mr. Fernandez entitled to compensation. Subsequently, on August 19, 2024, the respondent filed a proffer indicating that Mr. Fernandez should be awarded $140,000.00, an amount with which Mr. Fernandez agreed. Based on the record, the court awarded Mr. Fernandez a lump sum payment of $140,000.00, representing compensation for all damages available under Section 15(a) of the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00719-0
Date issued/filed: 2024-09-26
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/20/2024) regarding 30 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:22-vv-00719-UNJ Document 37 Filed 09/26/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-719V
JOSE FERNANDEZ, Chief Special Master Corcoran
Petitioner, Filed: August 20, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Phyllis Widman, Widman Law Firm, LLC, Northfield, NJ, for Petitioner.
Joseph Douglas Leavitt, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On June 29, 2022, Jose Fernandez 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 from Guillain-Barre Syndrome (“GBS”)
as a result of an influenza (“flu”) vaccine administered on November 23, 2019. Petition at
1. Petitioner further alleges that the vaccine was administered within the United States,
that he suffered the residual effects of his injury for more than six months, and that he
has not received any settlement or damages from his injury. Petition at 2-3. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
1 Because this Ruling 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 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 (2018).

Case 1:22-vv-00719-UNJ Document 37 Filed 09/26/24 Page 2 of 2
On August 19, 2024, 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
Conceding Entitlement to Compensation at 1. Specifically, Respondent has concluded
that Petitioner satisfied 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_22-vv-00719-1
Date issued/filed: 2024-09-26
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/20/2024) regarding 31 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:22-vv-00719-UNJ Document 38 Filed 09/26/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-719V
JOSE FERNANDEZ,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Phyllis Widman, Widman Law Firm, LLC, Northfield, NJ, for Petitioner.
Joseph Douglas Leavitt, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On June 29, 2022, Jose Fernandez 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 from Guillain-Barre Syndrome (“GBS”)
as a result of an influenza (“flu”) vaccine administered on November 23, 2019. Petition at
1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On August 20, 2024, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for GBS. On August 19, 2024, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $140,000.00.
Respondent’s Rule 4(c) Report Conceding Entitlement to Compensation at 4-5. In the
Proffer, Respondent represented that Petitioner agrees with the proffered award. Id.
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 1:22-vv-00719-UNJ Document 38 Filed 09/26/24 Page 2 of 2
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 Proffer, I award Petitioner a lump sum
payment of $140,000.00 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