In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 19-704V

UNPUBLISHED

MICHAEL LUCERO,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: June 15, 2020

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; GuillainBarre Syndrome (GBS)

John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.

Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

On May 14, 2018, Michael Lucero 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 from Guillain-Barre Syndrome 

(“GBS”) following the administration of an influenza (“flu”) vaccine he received on 

November 9, 2017. Petition at 1, 13. The case was assigned to the Special Processing 

Unit of the Office of Special Masters.

On June 10, 2020, a ruling on entitlement was issued, finding Petitioner entitled 

to compensation for GBS. On June 12, 2020, Respondent filed a proffer on award of 

compensation (“Proffer”) indicating Petitioner should be awarded $165,500.00 for pain 

and suffering and $1,255.47 for the satisfaction of a Medicaid lien. Proffer at 1-2. In the 

Proffer, Respondent represented that Petitioner agrees with the proffered award. Id. 

 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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).
2

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 $1,255.47, which amount represents 

reimbursement of a State of New Mexico Medicaid lien, in the form of a 

check payable joint to Petitioner and

Presbyterian Health Plan Subrogation

P.O. Box 27489

Albuquerque, NM 87125-7489

Presbyterian ID: 1058642700

Petitioner agrees to endorse this payment to Presbyterian Health Plan 

Subrogation.

B. A lump sum payment of $165,500.00, in the form of a check payable to 

Petitioner.

These amounts represent compensation for all damages that would be available under 

§ 15(a). 

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.
IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

 _________________________________________ 

) 

MICHAEL LUCERO, ) 

) 

Petitioner, ) 

) No. 19-704V 

v. ) Chief Special Master Corcoran 

) ECF 

SECRETARY OF HEALTH AND ) 

HUMAN SERVICES, ) 

) 

Respondent. ) 

__________________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On May 14, 2018, Michael Lucero (“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 from Guillain-Barre Syndrome (“GBS”), as defined in the 

Vaccine Injury Table, following administration of an influenza vaccine he received on 

November 9, 2017. Petition at 1, 13. On June 8, 2020, 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 June 10, 2020, the Chief 

Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF 

No. 26; ECF No. 27.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $165,500.00 in pain and suffering. 

See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
2

B. Medicaid Lien

Respondent proffers that petitioner should be awarded $1,255.47, which represents full 

satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of 

New Mexico may have against any individual as a result of any Medicaid payments that New 

Mexico 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 vaccine-related injury suffered on or about 

November 9, 2017, under Title XIX of the Social Security Act. Such compensation shall be in 

the form of a lump sum payment as forth in section II.A below. Petitioner agrees. 

II. Form of the Award

Petitioner is a competent adult. Evidence of guardianship is not required in this case. 

Respondent recommends that the compensation provided to petitioner should be made through 

the lump sum payments as described below and requests that the Chief Special Master’s decision 

and the Court’s judgment award the following1: 

A. A lump sum payment of $1,255.47, which amount represents reimbursement of a 

State of New Mexico Medicaid lien, in the form of a check payable jointly to petitioner and 

Presbyterian Health Plan Subrogation

P.O. Box 27489

Albuquerque, NM 87125-7489

Presbyterian ID: 10581642700

Petitioners agree to endorse this payment to Presbyterian Health Plan Subrogation. 

B. A lump sum payment of $165,500.00, in the form of a check payable to petitioner. 

 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 pain and 

suffering.
3

III. Summary of Recommended Payments Following Judgment

Lump sum payable jointly to petitioner, Michael Lucero, and Presbyterian Health Plan 

Subrogation: $1,255.47.

Lump sum payable to petitioner, Michael Lucero: $165,500.00

Respectfully submitted, 

JOSEPH H. HUNT

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

s/Claudia B. Gangi

Claudia B. Gangi

Senior Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Ben Franklin Station Washington, D.C.

20044-0146

Direct dial: (202) 616-4138

Dated: June 12, 2020