In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 19-0582V

UNPUBLISHED

THE ESTATE OF APOLINAR HASEM 

PERDOMO FELIZ, by and through 

Administrator, BIENCHIS Y. ESTEVAFELIZ,

 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; GuillainBarre 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 DAMAGES1

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.

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(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 Petition 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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 EGovernment 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 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease 

of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa 

(2012).
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On May 19, 2020, a ruling on entitlement was issued, finding Petitioner entitled to 

compensation for GBS. On November 24, 2020, Respondent filed a proffer on award of 

compensation (“Proffer”) indicating Petitioner should be awarded compensation as 

detailed below. Proffer at 2-3. 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 Petitioner:

A. A lump sum payment of $425,000.00, representing the statutory 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 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. 

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 filing 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 through 

Administrator, BIENCHIS Y. ESTEVAFELIZ, 

 Petitioner,

v. 

SECRETARY OF HEALTH AND HUMAN 

SERVICES,

 Respondent. 

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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 Administrator of the 

Estate 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 

syndrome (“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, respondent 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 

compensation. 
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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 payment 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 the 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 Apolinar 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 Apolinar 
3 

Hasem Perdomo Felix’s estate, 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 benefit 

($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 Division 
4 

 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