# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 0582 V UNPUBLISHED

THE ESTATE OF APOLINAR HASEM PERDOMO FELIZ, by and through Administrator, BIENCHIS Y. ESTEVA

FELIZ

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: November 25, 2020

Special Processing Unit (SPU); Damages Decision Based on Proffer; Influenza (Flu) Vaccine; Guillain

Barre Syndrome (GBS)

John Richard Taylor, Zaytoun Law Firm, Raleigh

, NC , for petitioner.

Traci R. Patton , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

On April 17, 2019

, the Estate of Apolina Hasem Perdomo Feliz, by and through Administrator Biechis Y.L Esteva

- Feliz, 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 , due to a March 12, 2017 influenza (“flu”) vaccine, Apolinar Hasem Perdomo Feliz suffered from Guillain

- Barre syndrome (“GBS”), which led to his subsequent death on April 21, 2017 Petit ion at 1, 9

- 12

. The case was assigned to the Special Processing Unit of the Office of Special Masters.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in accordance with the E

Government Act of 2002. 44 U.S.C. § 3501 note (2012) (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 19 86, Pub. L. No. 99

- 660, 100 Stat. 3755

. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. § 300aa (2012 ).2

On May 19, 2020

, a ruling on entitlement was issued , finding P etitioner entitled to compensation for GBS . On November 24, 2020

, R espondent filed a p roffer on a ward of compensation (“Proffer”) indicating P etitioner should be awarded compensation as
detailed below

. Proffer at 2

- 3

. In the Proffer, R espondent represented that P etitioner agrees with the proffered award. Id. Based on the record as a whole, I find that P etitioner is entitled to an award as stated in the Proffer.

Pursuant to the terms stated in the attached Proffer, I award P etitioner :

A. A lump sum payment of $ 425 ,000.00, repres enting the statut ory death
benefit ( $250,000.00 ) and past pain and suffering ($175,000.00), in the
form of a check payable to Petitioner; and

B. A lump sum payment of $ 43,192.51

, representing compensation for satisfaction of the State of North Carolina Medicaid lien, in the form of a check payable jointly to Petitioner and:

Division of Health Benef its Office of the Controller 2022 Mail Service Center Raleigh, NC 27699

- 2022
ID #: 949453747P

Petitioner agrees to endorse this payment to Divi sion of Health Benefit s for
satisfaction of the M edicaid lien.

The clerk of the 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 fil ing of notice renouncing the right to seek review.1 IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS

THE ESTATE OF APOLINAR HASEM PERDOMO FELIZ, by and throughAdministrator, BIENCHIS Y. ESTEVAFELIZ

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. ) ) ) ) ) ) ) ) ) ) ) ) ) No. 19-582V Chief Special Master Corcoran
ECF
SPU

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On April 17, 2019, Bienchis Y. Esteva- Felix (“petitioner”), as the A dministrator of the

E state of Apolinar Hasem Perdomo Felix (“decedent”) , filed a petition for compensation under

the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34, as amended

(“Vaccine Act” or “Act”). Petitioner alleges that the decedent sustained Guillain

- Barré

s yndrome (“GBS”) after an influenza (“flu”) vaccination on March 12, 2017, and that his GBS

resulted in his death on April 21, 2017. GBS is an injury listed on the Vaccine Injury Table

(“Table”) for the flu vaccine.

On May 15, 2020 , resp ondent filed his Rule 4(c) report, conceding that entitlement to

compensation was appropriate under the terms of the Vaccine Act. The Chief Special Master

issued a Ruling on Entitlement on May 19, 2020, finding that petitioner was entitled to vaccine

comp ensation.2 I. Compensation for Vaccine Injury

- Related Items

Based upon the evidence of record, respondent proffers that petitioner, as the

administrator of the Estate of Apolinar Hasem Perdomo Felix, be awarded the following amounts

of compensation:

A. A pa yment of $250,000.00 , which represents compensation the statutory death benefit, see 42 U.S.C. § 300aa- 15(a)(2);

B. A payment of $175,000.00 , which represents compensation for past pain and suffering, see 42 U.S.C. § 300aa-15(a)(4); and

C. A payment of $43,192.51 , which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of North Carolina may have against any individual as a result of any Medicaid payments the North Carolina Program has made to or on behalf of Apolinar Hasem Perdomo Felix from the date of his eligibility for benefits through the date of his
death as a result of his vaccine -related injury suffered on or about March 12, 2017, under Title XIX of the Social Security Act, see 42 U.S.C. § 300aa- 15 (g -h).

These 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 vaccine -injured person in this case, Apolinar Hasem Perdomo Felix , is deceased.

Petitioner , Bienchis Y. Esteva- Felix , provided respondent with “Restricted Letters of

Administration ” from the State of North Carolina that authorized her “to pursue the Wrongful

Death action,” but not to recover any assets, on behalf of th e decedent’s estate.

All payments to petitioner should be issued to her as the administrator of Apolinar Hasem

Perdomo Felix’s Estate. If petitioner is not authorized by a court of competent jurisdiction to

receive funds on behalf of the Estate of Apoli nar Hasem Perdomo Felix at the time payment is to

be made, any such payment shall be made to the party or parties appointed by a court of

competent jurisdiction to serve as administrator of and to receive funds on behalf of Apolinar3 Hasem Perdomo Felix ’s e state, upon submission of written document of such appointment to the

Secretary

.

Respondent recommends the Chief Special Master’s decision and the Court’s judgment

award the following:

A. A lump sum payment of $425,000.00 representing the statutory death be nefit ($250,000.00) and past pain and suffering ($175,000.00), in the form of a check payable to petitioner.

B. A lump sum payment of $ 43,192.51 ,representing compensation for satisfaction of the State of North Carolina Medicaid lien, in the form of a check payable jointly to petitioner and:

Division of Health Benefits
Office of the Controller
2022 Mail Service Center Raleigh, NC 27699-2022

ID #: 949453747P

Petitioner agrees to endorse this payment to Division of Health Benefits for satisfaction

of the Medicaid lien

.

Respectfully submitted,

JEFFREY BOSSERT CLARK Acting Assistant Attorney General

C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division

CATHARINE E. REEVES Deputy Director Torts Branch, Civil Division

ALEXIS B. BABCOCK
Assistant Director Torts Branch, Civil Division4 s/Traci R. Patton
TRACI R. PATTON Senior Trial Attorney Torts Branch, Civil Division U.S. Department of Justice
P.O. Box 146
Ben Franklin Station Washington, DC 20044-0146 Tel: (202) 353-1589

Dated: November 24, 2020