# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 0351 V

UNPUBLISHED

MARTINA LARSON

, as trustee for the
heirs of RENATO C. BARROZO,

Petitioner,

v.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: November 10, 2021

Special Processing Unit (SPU) ;
Rul ing on Entitlement; Concession; Table Injury; Influenza (Flu) Vaccine;

Guillain

- Barre Syndrome (GBS)

Ti moth y James Lessman , Knutson & Casey Law F i r m, Mankato, MN

, for P etitioner.

Debra A. Filteau Begley , U.S. Department of Justice, Washington, DC, for R espondent.

RULING ON ENTITLEMENT 1

On March 27, 2020

, R enato B arrozo filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et seq. 2 (the “Vaccine Act”). ECF No. 1. After M r . Barrozo sadly p assed away , Martina Larson , as trustee for the he irs of M r . Barrozo, was substituted a s Petitioner. ECF No. 35. Petitioner alleges that M r . Barrozo suffered Guillain

- Barré Syndrome (GBS) which was caused

- in

fact by the influenza vaccin e he received on Octo ber 5 , 201 8

. Petit ion at 1, ¶ 1 6

. Petitioner further alleges that the flu vaccine was administered in the United States, that

Mr. Barr ozo suffered the residual effects of h is GBS for more than six months

, and that

neither Mr. Barr ozo, Petitioner

, nor any other party has filed a civil ac tion or received

1 Because this unpublished R uling contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 R uling 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 f its 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 subpara graph of 42 U.S.C. § 300aa (2012 ).2

compensation for Mr. Barrozo ’ s GBS. Id. at 1, ¶¶ 18

- 19

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

On November 9, 2021

, R espondent filed his Rule 4(c) report in which he concedes

that P etitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at

1. Specifically, R espondent believes “ [ P]etitioner has established that Mr. Barrozo ’ s symptoms meet the criteria set forth in the newly revi sed Vaccine Injury Table ( “ Table ” ) and the Qualifications and Aids to Interpreta t ion for a flu/GBS Table injury

. ” Id. at 6

. Respondent further agrees that Petitioner has satisfied all legal prerequisites for compensation under the Act

. Id. at 6

- 7.

In view of R espondent’s position and the evidence of record, I find that

P etitioner is entitled to compensation.

IT IS SO ORDERED.

s/ Brian H. Corcoran

Brian H. Corcoran
Chief Special Master