VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00038 Package ID: USCOURTS-cofc-1_23-vv-00038 Petitioner: Isai Nava Filed: 2023-01-11 Decided: 2024-07-15 Vaccine: influenza Vaccination date: 2021-10-28 Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: 165919 AI-assisted case summary: Isai Nava filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered from Guillain-Barré syndrome (GBS) as a result of an influenza vaccine he received on October 28, 2021. The case was assigned to the Office of Special Masters. Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Petitioner's claim satisfied the criteria for GBS, a Table injury. Based on this concession and the evidence, a Ruling on Entitlement was issued on January 29, 2024, finding Petitioner entitled to compensation. Subsequently, on June 6, 2024, Respondent filed a Proffer on award of compensation, which Petitioner agreed to. The decision on damages, issued on July 15, 2024, awarded Isai Nava a total of $165,919.00. This amount included $157,500.00 for pain and suffering and $8,419.00 for past lost earnings, to be paid as a lump sum directly to Petitioner. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-00038-0 Date issued/filed: 2024-03-04 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 01/29/2024 ) regarding 35 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-00038-UNJ Document 38 Filed 03/04/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-0038V ISAI NAVA, Chief Special Master Corcoran Petitioner, v. Filed: January 29, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Renee J. Gentry, The Law Office of Renee J. Gentry, Washington, DC, for Petitioner. Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On January 11, 2023, Isai Nava (“Petitioner”) 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-Barré syndrome (“GBS”), a Table injury, as a result of an influenza (“flu”) vaccine he received on October 28, 2021. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 26, 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 at 1. Specifically, Respondent agrees that Petitioner’s claim satisfies the criteria set forth in the effective Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”) for GBS. Id. at 6 (citing 42 C.F.R. §§ 100.3(a)(XIV)(D), (c)(15)). 1 Because this unpublished 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 1:23-vv-00038-UNJ Document 38 Filed 03/04/24 Page 2 of 2 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_23-vv-00038-1 Date issued/filed: 2024-07-15 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 06/07/2024) regarding 48 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-00038-UNJ Document 52 Filed 07/15/24 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-0038V ISAI NAVA, Chief Special Master Corcoran Petitioner, v. Filed: June 7, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Renee J. Gentry, The Law Office of Renee J. Gentry, Washington, DC, for Petitioner. Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON DAMAGES1 On January 11, 2023, Isai Nava (“Petitioner”) 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-Barré syndrome (“GBS”), a Table injury, as a result of an influenza (“flu”) vaccine he received on October 28, 2021. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 29, 2024, a Ruling on Entitlement was issued, finding Petitioner entitled to compensation for GBS. On June 6, 2024, Respondent filed a Proffer on award of compensation (“Proffer”). Respondent represented that Petitioner agrees with the proffered award. Id. at 1 – 2. 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 1:23-vv-00038-UNJ Document 52 Filed 07/15/24 Page 2 of 5 Pursuant to the terms stated in the Proffer, I award the following compensation: A lump sum of $165,919.00 (representing $157,500.00 for pain and suffering, and $8,419.00 for past lost earnings) in the form of a check payable to Petitioner. Respondent’s Rule 4(c) Report and Proffer at 6. This amount represents compensation for all damages that would be available under Section 15(a). Id. 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 1:23-vv-00038-UNJ Document 52 Filed 07/15/24 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ISAI NAVA, Petitioner, v. No. 23-38V Chief Special Master Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On January 11, 2023, Isai Nava (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act. See 42 U.S.C. §§ 300aa-1 to -34, as amended (“Vaccine Act”). Petitioner alleges that he suffered from Guillain-Barré Syndrome (“GBS”) as a result of receiving an influenza (“flu”) vaccine on October 28, 2021. Petition at 1. On January 26, 2024, 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 Vaccine Act for a GBS Table injury. ECF No. 33. On January 29, 2024, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 35. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $157,500.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:23-vv-00038-UNJ Document 52 Filed 07/15/24 Page 4 of 5 B. Past Lost Earnings Evidence supplied by petitioner documents that he incurred past lost earnings related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past lost earnings in the amount of $8,419.00. 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 Special Master’s decision and the Court’s judgment award the following:1 a lump sum payment of $165,919.00, in the form of a check payable to petitioner. III. Summary of Recommended Payment Following Judgment Lump sum payable to petitioner, Isai Nava: $165,919.00 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 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 1:23-vv-00038-UNJ Document 52 Filed 07/15/24 Page 5 of 5 LARA A. ENGLUND Assistant Director Torts Branch, Civil Division /s/ Felicia D. Langel FELICIA D. LANGEL Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 451-7659 felicia.d.langel@usdoj.gov DATED: June 6, 2024 3