VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00845
Package ID: USCOURTS-cofc-1_23-vv-00845
Petitioner: Andrea Lynette Ortiz
Filed: 2023-04-09
Decided: 2024-12-18
Vaccine: influenza
Vaccination date: 2022-01-04
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 138137

AI-assisted case summary:
Andrea Lynette Ortiz filed a petition for compensation under the National Vaccine Injury Compensation Program on June 7, 2023. She alleged that she suffered from Guillain-Barré syndrome (GBS), a condition listed in the Vaccine Injury Table, as a result of an influenza vaccine administered on January 4, 2022. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on April 8, 2024, conceding that Ms. Ortiz is entitled to compensation. The respondent agreed that Ms. Ortiz met the criteria for a Table injury, specifically that her GBS onset occurred between three and forty-two days after the vaccination and that there was no apparent alternative cause. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on April 9, 2024, finding Ms. Ortiz entitled to compensation. Subsequently, on November 14, 2024, the parties filed a joint stipulation for damages. Chief Special Master Corcoran reviewed the stipulation, found it reasonable, and adopted it as his decision. Pursuant to the stipulation, Ms. Ortiz was awarded a lump sum of $138,137.45, payable by check to Petitioner, as compensation for all damages. The public decision was issued on December 18, 2024. Petitioner was represented by Jeffrey S. Pop of Jeffrey S. Pop & Associates, and Respondent was represented by Kimberly Shubert Davey of the U.S. Department of Justice.

Theory of causation field:
Petitioner Andrea Lynette Ortiz alleged that she suffered from Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on January 4, 2022. The respondent conceded entitlement, agreeing that Petitioner's GBS met the criteria for a Table injury under 42 C.F.R. §§ 100.3(a)(XIV)(D), (c)(15), with onset between three and forty-two days post-vaccination and no apparent alternative cause. The public text does not describe the specific onset date, symptoms, medical tests, treatments, or expert testimony. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on April 9, 2024, finding Petitioner entitled to compensation. A joint stipulation for damages was filed on November 14, 2024, and adopted by Chief Special Master Corcoran in a decision issued on December 18, 2024. The stipulation resulted in an award of $138,137.45 as a lump sum payable to Petitioner. Petitioner was represented by Jeffrey S. Pop, and Respondent by Kimberly Shubert Davey.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00845-0
Date issued/filed: 2024-05-09
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/09/2024) regarding 22 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:23-vv-00845-UNJ Document 24 Filed 05/09/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0845V
ANDREA LYNETTE ORTIZ, Chief Special Master Corcoran
Petitioner,
v. Filed: April 9, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On June 7, 2023, Andrea Lynette Ortiz 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 she suffered from Guillain-Barré syndrome (“GBS”),
a Table injury, as a result of an influenza (“flu”) vaccine administered to her on January
4, 2022. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On April 8, 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 has satisfied the criteria set forth in the
effective Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation
(“QAI”), which afford Petitioner a presumption of causation if the onset of GBS occurs
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 1:23-vv-00845-UNJ Document 24 Filed 05/09/24 Page 2 of 2
between three and forty-two days after a seasonal flu vaccination, and there is no
apparent alternative cause. Id. at 5 (citing 42 C.F.R. §§ 100.3(a)(XIV)(D), (c)(15)).
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_23-vv-00845-1
Date issued/filed: 2024-12-18
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 11/14/2024) regarding 34 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:23-vv-00845-UNJ Document 38 Filed 12/18/24 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0845V
ANDREA LYNETTE ORTIZ, Chief Special Master Corcoran
Petitioner,
v. Filed: November 14, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON DAMAGES1
On June 7, 2023, Andrea Lynette Ortiz 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 she suffered from Guillain-Barré syndrome (“GBS”),
a Table injury, as a result of an influenza (“flu”) vaccine administered to her on January
4, 2022. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On April 9, 2024, a Ruling on Entitlement was issued, finding Petitioner entitled to
compensation for GBS corresponding to a listing on the Vaccine Injury Table, 42 C.F.R.
§§ 100.3(a)(XIV)(D), (c)(15)).
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-00845-UNJ Document 38 Filed 12/18/24 Page 2 of 8
On November 14, 2024, Respondent filed the attached joint stipulation.3, I find the
stipulation reasonable and adopt it as my decision awarding damages, on the terms set
forth therein.
Pursuant to the terms stated in the attached stipulation, I award a lump sum of
$138,137.45 in the form of a check payable to Petitioner. Stipulation at ¶ 8. 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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Usually, a proffer is filed by Respondent if the parties have reached an informal agreement regarding the
appropriate amount of compensation to be awarded after an entitlement determination. However, in a
minority of cases, the parties may choose to file a joint stipulation instead, reflecting more of a compromise
regarding the compensation to be awarded.
4 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

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