Award of Damages in Vaccine Injury Compensation Case

Strategic Insights -

Jose Ruiz, a petitioner, was awarded compensation for Guillain-Barre syndrome (GBS) he suffered after receiving an influenza vaccine on September 17, 2019. The United States Court of Federal Claims' Office of Special Masters reviewed the case and found that Ruiz is entitled to compensation. On May 13, 2025, the respondent filed a proffer on award of compensation, recommending that Ruiz be awarded $105,000 for pain and suffering and $1,995.19 for past unreimbursable expenses.

Key Takeaways:

  • The petitioner, Jose Ruiz, was awarded $106,995.19 in compensation for his Guillain-Barre syndrome (GBS) after receiving an influenza vaccine on September 17, 2019.
  • The respondent filed a proffer on award of compensation on May 13, 2025, recommending that Ruiz be awarded $105,000 for pain and suffering and $1,995.19 for past unreimbursable expenses.
  • Ruiz was found entitled to compensation under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. SSSS 300aa-1 et seq.
  • The respondent has no objection to the amount of the proffered award of damages set forth herein, but reserves the right to seek review of the Chief Special Master's entitlement decision.
  • The compensation award was made through a lump sum payment of $106,995.19, to be paid through an ACH deposit to Ruiz's counsel's IOLTA account for prompt disbursement to Ruiz.
  • The case was assigned to the Special Processing Unit of the Office of Special Masters, and a ruling on entitlement was issued on February 21, 2025, finding Ruiz entitled to compensation for his GBS.

Statistics:

  • $105,000: the amount recommended for paint and suffering
  • $1,995.19: the amount recommended for past unreimbursable expenses
  • $106,995.19: the total compensation award
  • 42 U.S.C. SSSS 300aa-1 et seq.: the relevant law under which the compensation was awarded
  • 42 U.S.C. § 300aa-15(a): the section of the law governing the award of compensation
  • May 13, 2025: the date the respondent filed a proffer on award of compensation

Sources:

  • United States Court of Federal Claims, OFFICE OF SPECIAL MASTERS, No. 21-2257V, JOSE RUIZ, Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent, filed May 13, 2025
  • Respondent's Proffer on Award of Compensation, filed May 13, 2025, Case 1:21-vv-02257-UNJ Document 43 Filed 06/17/25 Page 3 of 5
  • ECF No. 1, Petition for Compensation, filed December 3, 2021
  • ECF No. 28, Respondent's Rule 4(c) Report, filed May 22, 2023
  • ECF No. 33, Ruling on Entitlement, filed February 21, 2025