VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00279 Package ID: USCOURTS-cofc-1_24-vv-00279 Petitioner: A.S. Filed: 2025-06-09 Decided: 2025-08-26 Vaccine: influenza Vaccination date: 2022-12-12 Condition: Guillain-Barre Syndrome Outcome: compensated Award amount USD: 169553 AI-assisted case summary: Natalie Diaz, on behalf of her minor child A.S., filed a petition on June 9, 2025, for compensation under the National Vaccine Injury Compensation Program. The petition alleged that A.S. suffered from Guillain-Barre Syndrome (GBS) after receiving an influenza vaccine on December 12, 2022. It was further alleged that A.S. suffered residual effects for more than six months, and that there had been no prior award or settlement of a civil action for this injury. The respondent filed a Rule 4(c) report conceding that A.S. met the criteria for a Table injury, specifically GBS, which occurred within the timeframe specified in the Vaccine Injury Table and had no apparent alternative cause. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran ruled on July 11, 2025, that A.S. was entitled to compensation. Subsequently, a Proffer on Award of Compensation was filed. The parties agreed to a lump sum payment of $160,000.00 for pain and suffering and $9,553.25 for past unreimbursable expenses, totaling $169,553.25. Chief Special Master Corcoran issued a decision on August 26, 2025, awarding this compensation. The award was to be paid through A.S.'s counsel's IOLTA account for disbursement to Natalie Diaz as guardian/conservator of A.S.'s estate. Petitioner was represented by John Beaulieu of Siri & Glimstad, LLP, and respondent was represented by Michael Bliley of the U.S. Department of Justice. Theory of causation field: Petitioner Natalie Diaz, on behalf of minor A.S., alleged Guillain-Barre Syndrome (GBS) following an influenza vaccination on December 12, 2022. The respondent conceded entitlement, stating that Petitioner satisfied the criteria set forth in the Vaccine Injury Table (Table) and Qualifications and Aids to Interpretation (QAI). This afforded Petitioner a presumption of causation, as GBS onset occurred between three and forty-two days after the seasonal flu vaccination, with no apparent alternative cause, pursuant to 42 C.F.R. § 100.3(a)(XIV)(D), (c)(15). Chief Special Master Brian H. Corcoran issued a ruling on entitlement on July 11, 2025, finding Petitioner entitled to compensation. A Proffer on Award of Compensation was subsequently filed, agreeing to a lump sum payment of $160,000.00 for pain and suffering and $9,553.25 for past unreimbursable expenses, totaling $169,553.25. The decision was issued on August 26, 2025. Petitioner's counsel was John Beaulieu of Siri & Glimstad, LLP, and respondent's counsel was Michael Bliley of the U.S. Department of Justice. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-00279-0 Date issued/filed: 2025-07-11 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 06/09/2025) regarding 31 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00279-UNJ Document 38 Filed 07/11/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-279V NATALIE DIAZ, on behalf of her minor Chief Special Master Corcoran Child, A.S., Filed: June 9, 2025 Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. John Beaulieu, Siri & Glimstad, LLP, New York, NY, for Petitioner. Michael Bliley, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On February 21, 2024, Natalie Diaz, on behalf of her minor child, A.S., 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 A.S. suffered from Guillain-Barre Syndrome (“GBS”) after receiving an influenza (“flu”) vaccine on December 12, 2022. Petition at ¶¶ 1, 3-5. Petitioner further alleges that A.S. suffered the residual effects of his injury for more than six months, and that there has been no prior award or settlement of a civil action on his behalf as a result of his injury. Petition at ¶¶ 1, 22, 28- 29. 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 1:24-vv-00279-UNJ Document 38 Filed 07/11/25 Page 2 of 2 On June 8, 2025, 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 states that [P]etitioner has satisfied the criteria set forth in the Vaccine Injury Table (Table) and the Qualifications and Aids to Interpretation (QAI), 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. 42 C.F.R. § 100.3 (a)(XIV)(D), (c)(15). 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_24-vv-00279-1 Date issued/filed: 2025-08-26 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 07/17/2025 ) regarding 40 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00279-UNJ Document 42 Filed 08/26/25 Page 1 of 5 Case 1:24-vv-00279-UNJ Document 42 Filed 08/26/25 Page 2 of 5 and suffering (as the guardian/conservator of the estate of A.D., for the benefit of A.D.) and $9,553.25 for past unreimbursed expenses. Proffer at 1-2. 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 the following compensation: a. A lump sum payment of $160,000.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner as guardian/conservator of the estate of A.D., for the benefit of A.D. b. A lump sum payment of $9,553.25, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement 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 1:24-vv-00279-UNJ Document 42 Filed 08/26/25 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS NATALIE DIAZ, on behalf of her minor child A.D., Petitioner, No. 24-279V Chief Special Master Corcoran v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. PROFFER ON AWARD OF COMPENSATION1 On February 21, 2024, Natalie Diaz (“petitioner”), as mother and natural guardian of her minor child, A.D., 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”). Petitioner alleged that following receipt of the influenza vaccine on December 12, 2022, A.D. sustained Guillain- Barre Syndrome (“GBS”), as defined in the Vaccine Injury Table (“Table”), within the timeframe identified in the Table. Petition at 1. On June 8, 2025, respondent filed his Vaccine Rule 4(c) report, concluding that petitioner has satisfied the requirements for compensation under the terms of the Act for a GBS Table injury. On June 9, 2025, Chief Special Master Corcoran issued a ruling on entitlement, finding petitioner entitled to compensation. I. Items of Compensation A. Pain and Suffering Based upon the evidence of record, respondent proffers that petitioner, for the benefit of 1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after the Damages Decision is issued. 1 Case 1:24-vv-00279-UNJ Document 42 Filed 08/26/25 Page 4 of 5 A.D., should be awarded a lump sum of $160,000.00 for pain and suffering. See 42 U.S.C. §300aa-15(a)(4). Petitioner agrees. B. Past Unreimbursable Expenses Evidence supplied by petitioner documents that she incurred past unreimbursable expenses on behalf of A.D., related to A.D.’s vaccine injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $9,553.25. See 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees. These amounts represent all elements of compensation to which petitioner, on A.D.’s behalf, is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award The parties recommend that the compensation provided to petitioner on behalf of A.D. should be made through lump sum payments as described below, and request that the Chief Special Master’s decision and the Court’s judgment award the following:2 A. A lump sum payment of $160,000.00 paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner as guardian/conservator of the estate of A.D., for the benefit of A.D.3 2 Should A.D. 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, lost future earnings, and future pain and suffering. 3 Petitioner represents that petitioner presently is, or within 90 days of the date of judgment will become, duly authorized to serve as guardian/conservator of A.D.’s estate under the laws of the State of New Jersey. Respondent will not make any payment until petitioner provides respondent with documentation establishing that she has been appointed as the guardian/conservator of A.D.’s estate. If petitioner is not authorized by a court of competent jurisdiction to serve as guardian/conservator of the estate of A.D., any such payment shall be disbursed to the party or parties appointed by a court of competent jurisdiction to serve as guardian(s)/conservator(s) of the estate of A.D. upon submission of written documentation of such appointment to the Secretary. Further, if guardianship is no longer required under the laws 2 Case 1:24-vv-00279-UNJ Document 42 Filed 08/26/25 Page 5 of 5 B. A lump sum payment of $9,553.25, to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. III. Summary of Recommended Payments Following Judgment A. Lump sum to petitioner as guardian/conservator of the estate of A.D.: $160,000.00 B. Lump sum to petitioner: $9,553.25 Respectfully submitted, BRETT A. SHUMATE Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division GABRIELLE M. FIELDING Assistant Director Torts Branch, Civil Division /s/ Michael S. Bliley MICHAEL S. BLILEY Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Ben Franklin Station Washington, DC 20044-0146 Tel: (202) 616-4357 Michael.Bliley@usdoj.gov Date: July 16, 2025 of the state of New Jersey after A.D. has attained the age of majority, any such payment shall be paid to A.D. upon submission of written documentation of the termination of guardianship to the Secretary. 3