VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00992 Package ID: USCOURTS-cofc-1_23-vv-00992 Petitioner: Alexis Rodriguez Filed: 2023-06-28 Decided: 2025-06-13 Vaccine: influenza Vaccination date: 2022-01-03 Condition: Guillain-Barré syndrome (GBS) Outcome: compensated Award amount USD: 230167.67 AI-assisted case summary: On June 28, 2023, Alexis Rodriguez filed a petition seeking compensation under the National Vaccine Injury Compensation Program for Guillain-Barré syndrome after an influenza vaccination administered on January 3, 2022. Respondent conceded entitlement in an October 11, 2024 Rule 4(c) report, agreeing that the claim fit the Vaccine Injury Table criteria for GBS after a seasonal flu vaccine, including the Table’s presumption for onset within 3 to 42 days when no apparent alternative cause is shown. Chief Special Master Brian H. Corcoran granted entitlement on October 15, 2024. The publicly available damages materials do not describe Mr. Rodriguez’s full clinical course beyond identifying the injury as Table GBS. They do show the categories of harm compensated. Respondent proffered, and Mr. Rodriguez accepted, a total award of $230,167.67: $144,250.00 for pain and suffering, $11,338.97 for lost wages related to the vaccine injury, and $74,578.70 to satisfy a State of Arizona Medicaid lien. The damages decision was issued on June 13, 2025, and directed payment of the personal damages to Mr. Rodriguez and a separate lien payment jointly payable to Mr. Rodriguez and the Arizona Medicaid agency. Theory of causation field: Adult petitioner; influenza vaccine January 3, 2022; alleged Table Guillain-Barré syndrome. COMPENSATED. Respondent conceded the GBS Table criteria for seasonal flu vaccine, including onset within 3-42 days and no apparent alternative cause; no expert dispute is described in the public entitlement/proffer text. Entitlement granted by Chief SM Brian H. Corcoran October 15, 2024; damages decision June 13, 2025. Award $230,167.67 = $144,250.00 pain/suffering + $11,338.97 lost wages + $74,578.70 Arizona Medicaid lien. Petition filed June 28, 2023. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-00992-0 Date issued/filed: 2024-11-18 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 10/15/2024) regarding 30 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-00992-UNJ Document 33 Filed 11/18/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-0992V ALEXIS RODRIGUEZ, Chief Special Master Corcoran Petitioner, Filed: October 15, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Catherine Wallace Costigan, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner. Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On June 28, 2023, Alexis Rodriguez 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 administered on January 3, 2022. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On October 11, 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 “[P]etitioner has satisfied the criteria set forth in 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-00992-UNJ Document 33 Filed 11/18/24 Page 2 of 2 the Vaccine Injury Table and Qualifications and Aids to Interpretation, which afford [P]etitioner 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.” (citing 42 C.F.R. § 100.3(a)(XIV)(D), (c)(15)). Id. at 8. 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-00992-1 Date issued/filed: 2025-07-15 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 06/13/2025) regarding 41 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-00992-UNJ Document 48 Filed 07/15/25 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-992V ALEXIS RODRIGUEZ, Chief Special Master Corcoran Petitioner, Filed: June 13, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Catherine Wallace Costigan, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner. Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On June 28, 2023, Alexis Rodriguez 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 Guillain-Barre Syndrome (“GBS”) after receiving an influenza (“flu”) vaccine on January 3, 2022. Petition at ¶¶ 1, 51-52. The case was assigned to the Special Processing Unit of the Office of Special Masters. On October 15, 2024, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS. On June 10, 2025, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $144,250.00 for pain and suffering, $11,338.97 for lost wages, and $74,578.70 to satisfy the State of Arizona Medicaid lien. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner 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-00992-UNJ Document 48 Filed 07/15/25 Page 2 of 5 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 the following compensation: a. A lump sum payment of $155,588.97, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. b. A lump sum payment of $74,578.70, representing compensation for satisfaction of the State of Arizona Medicaid lien, in the form of a check payable jointly to Petitioner and The Rawlings Company LLC Attn: Gabe Velasco P.O. Box 2000 La Grange, KY 40031 Reference No: 123595261 Petitioner agrees to endorse the check to The Rawlings Company, LLC, for satisfaction of the Medicaid lien. 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 1:23-vv-00992-UNJ Document 48 Filed 07/15/25 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ___________________________________ ) ALEXIS RODRIGUEZ, ) ) No. 23-992V ECF Petitioner, ) ) v. ) Chief Special Master Corcoran ) SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ____________________________________) PROFFER ON AWARD OF COMPENSATION On June 28, 2023, Alexis Rodriguez (“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 an injury that is compensable under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-10 to -34, that is, Guillain-Barre Syndrome (“GBS”), as defined in the Vaccine Injury Table following administration of an influenza (“flu”) vaccine he received on January 3, 2022. Petition at 1-2. On October 11, 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 Act for a GBS Table injury, and on October 15, 2024, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 29 and 30. I. Items of Compensation A. Pain and Suffering Based upon the evidence of record, respondent proffers that petitioner should be awarded a lump sum of $144,250.00 for pain and suffering, in the form of a check payable to petitioner. Petitioner agrees. Case 1:23-vv-00992-UNJ Document 48 Filed 07/15/25 Page 4 of 5 B. Lost Wages Evidence supplied by petitioner documents that he incurred past lost wages related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past lost wages in the amount of $11,338.97. See 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees. C. Medicaid Lien Respondent proffers that petitioner should be awarded funds to satisfy the State of Arizona Medicaid lien in the amount of $74,578.70, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of Arizona may have against any individual as a result of any Medicaid payments the State of Arizona has made to or on behalf of petitioner from the date of his eligibility for benefits through the date of judgment in this case as a result of his alleged vaccine-related injury suffered on or about January 3, 2022, under Title XIX of the Social Security Act. Petitioner agrees. The above amounts represent all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award The parties recommend that compensation provided to petitioner should be made through two lump sum payments described below, and request that the Chief Special Master’s decision and the Court’s judgment award the following: 1 A. A lump sum payment of $155,588.97 to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. B. A lump sum payment of $74,578.70, representing compensation for satisfaction of the State of Arizona Medicaid lien, in the form of a check payable jointly to petitioner and: 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 medical expenses, future pain and suffering, and future lost wages. 2 Case 1:23-vv-00992-UNJ Document 48 Filed 07/15/25 Page 5 of 5 The Rawlings Company LLC Attn: Gabe Velasco P.O. Box 2000 La Grange, KY 40031 Reference No: 123595261 Petitioner agrees to endorse the check to The Rawlings Company, LLC, for satisfaction of the Medicaid lien. Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respectfully submitted, YAAKOV M. ROTH Acting Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division LARA A. ENGLUND Assistant Director Torts Branch, Civil Division s/ Camille M. Collett CAMILLE M. COLLETT 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) 616-4098 Fax: (202) 616-4310 Email: Camille.m.collett@usdoj.gov Date: June 10, 2025 3