VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00812
Package ID: USCOURTS-cofc-1_22-vv-00812
Petitioner: Humbert Donato Brugueras
Filed: 2023-10-11
Decided: 2024-06-28
Vaccine: influenza
Vaccination date: 2020-09-21
Condition: Guillain-Barre Syndrome
Outcome: compensated
Award amount USD: 198742

AI-assisted case summary:
Humbert Donato Brugueras filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine he received on September 21, 2020. The petition stated that the vaccine was administered in the United States, that he suffered sequelae of GBS for more than six months, and that no prior action or compensation had been received for this injury. The case was assigned to the Special Processing Unit. On October 6, 2023, the Respondent filed a Rule 4(c) report conceding that Mr. Brugueras is entitled to compensation. The Respondent agreed that the petitioner met the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation, which provide a presumption of causation for GBS if onset occurs between three and forty-two days after a seasonal flu vaccination and there is no apparent alternative cause. The Respondent further agreed that the petitioner had met all statutory requirements for compensation. Consequently, on October 11, 2023, a ruling on entitlement was issued, finding Mr. Brugueras entitled to compensation. Subsequently, on May 28, 2024, the Respondent filed a proffer on award of compensation, recommending an award of $198,742.63, which included $167,500.00 for pain and suffering and $31,242.63 for unreimbursable expenses. Mr. Brugueras agreed with this proffered award. Based on the record, the Chief Special Master issued a decision awarding Mr. Brugueras a lump sum payment of $198,742.63.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00812-0
Date issued/filed: 2023-11-13
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/11/2023) regarding 27 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:22-vv-00812-UNJ Document 30 Filed 11/13/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0812V
HUMBERT DONATO BRUGUERAS, Chief Special Master Corcoran
Petitioner, Filed: October 11, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Roberto E. Ruiz-Comas, RC Legal and Litigation Services LLC, Guaynabo, PR, for
Petitioner.
James Vincent Lopez, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On July 26, 2022, Humbert Donato Brugueras 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”)
resulting from an influenza (“flu”) vaccine received on September 21, 2020. Petition at 1.
Petitioner further alleges that the vaccine was administered in the United States, he
suffered sequela of GBS for more than six months, and neither Petitioner, nor any other
party, has ever filed any action or received compensation in the form of an award or
settlement for Petitioner’s vaccine-related injury. Petition at ¶¶ 2, 14, 16, 17. 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-00812-UNJ Document 30 Filed 11/13/23 Page 2 of 2
On October 6, 2023, 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 agrees that “petitioner has satisfied the criteria set forth in the
Vaccine Injury Table and the Qualifications and Aids to Interpretation, which afford
petitioner a presumption of causation if the onset of GBS occurs between three and forty-
two days after a seasonal flu vaccination and there is no apparent alternative cause.” Id.
at 5. Respondent further agrees that the records indicate that Petitioner has met the
statutory requirements, and all legal prerequisites, for compensation. 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
2

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DOCUMENT 2: USCOURTS-cofc-1_22-vv-00812-1
Date issued/filed: 2024-06-28
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 05/28/2024) regarding 37 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:22-vv-00812-UNJ Document 38 Filed 06/28/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0812V
HUMBERT DONATO BRUGUERAS, Chief Special Master Corcoran
Petitioner, Filed: May 28, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Roberto E. Ruiz-Comas, RC Legal and Litigation Services LLC, Guaynabo, PR, for
Petitioner.
James Vincent Lopez, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On July 26, 2022, Humbert Donato Brugueras 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”)
resulting from an influenza (“flu”) vaccine received on September 21, 2020. Petition at 1.
Petitioner further alleges that the vaccine was administered in the United States, he
suffered sequela of GBS for more than six months, and neither Petitioner, nor any other
party, has ever filed any action or received compensation in the form of an award or
settlement for Petitioner’s vaccine-related injury. Petition at ¶¶ 2, 14, 16, 17. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On October 11, 2023, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for GBS. On May 28, 2024, Respondent filed a proffer on award of
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-00812-UNJ Document 38 Filed 06/28/24 Page 2 of 5
compensation (“Proffer”) indicating Petitioner should be awarded $198,742.63. Proffer at
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.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $198,742.63 (comprised of $167,500.00 in pain and suffering and
$31,242.63 in unreimbursable expenses) 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 1:22-vv-00812-UNJ Document 38 Filed 06/28/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
HUMBERT DONATO BRUGUERAS, )
)
Petitioner, )
) No. 22-812V
v. ) Chief Special Master Brian H. Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On July 26, 2022, Humberto Donato Brugueras (“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 September 21, 2020. See
Petition at 1-2. On October 6, 2023, 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, and on October 11, 2023, the Chief Special Master issued a
Ruling on Entitlement finding petitioner entitled to compensation. ECF Nos. 25, 27.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $167,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:22-vv-00812-UNJ Document 38 Filed 06/28/24 Page 4 of 5
B. Past Unreimbursable Expenses
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
unreimbursable expenses in the amount of $31,242.63. See 42 U.S.C. § 300aa-15(a)(1)(B).
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 $198,742.63, in the form of
a check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Humberto Donato Brugueras: $198,742.63
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
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 1:22-vv-00812-UNJ Document 38 Filed 06/28/24 Page 5 of 5
JULIA M. COLLISON
Assistant Director
Torts Branch, Civil Division
/s James V. Lopez
James V. Lopez
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-3655
Fax: (202) 616-4310
Email: james.lopez@usdoj.gov
Date: May 28, 2024
3