# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 704 V

UNPUBLISHED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; Guillain

Barre Syndrome (GBS)

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

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

DECISION AWARDING DAMAGES 1

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 fr om Guillain

- Barre Synd rome ( “ 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 P etitioner entitled

to compensation for GBS . On June 12, 2020

, R espondent filed a p roffer on a ward of

compensation (“Proffer”) indicating P etitioner should be awarded $ 165,500.00 for pa in

and suffering and $1,255.47 for the s atisfaction of a Medicaid lie n

. Proffer at 1

- 2

. In the

Proffer, R espondent represented that P etitioner 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am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 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 1986, Pub. L. No. 99

- 660, 100 Stat. 3755. Hereinafter, for

ease of citation, all “§” references to the Vaccine Act will be to the pe rtinent subparagraph of 42 U.S.C. §

300aa (2012).2 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 $ 1,255.47, which amount represents

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

check payable joint to Petitio ner and

P re sbyterian Health Plan Subrogation

P.O. Box 27489

Albuquerque, NM 87125

- 7489

Presbyterian ID: 1058642700

Petitioner agrees to endorse th is payment to Presbyterian Health Plan

Subrogation.

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

Pet itioner.

These amount s represent compensation for all damages that w ould 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 Corcor an

) 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 Injur y Table, following administration of an influenza va ccine 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 entit led to compensation. ECF

No. 2 6 ; ECF No. 2 7

.

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 h is eligibility for benefits through

the date of judgment in this case as a result of h is 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 agree s

.

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 b e made through

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

and the Court’s judgment award the following 1 :

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