Torreso v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-0906V

LYNN LOUISE TORRESO, Personal Chief Special Master Corcoran Representative of the Estate of KENT TORRESO, deceased, Filed: December 18, 2025 Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.

James Connor Daughton, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1 On June 12, 2024, Lynn Louise Torreso 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 her husband suffered from Guillain-Barre Syndrome (“GBS”) following an influenza vaccination he received on October 19, 2022. Amended Petition at 1. Petitioner further alleges that Mr. Torreso’s vaccine-related GBS resulted in his death. Id. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On November 12, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation for his GBS. On December 17, 2025, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). $450,000.00, comprised of the $250,000 death benefit and $200,000 for pain and suffering. Proffer at 2. 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 lump sum payment of $450,000.00, comprised of the $250,000 death benefit and $200,000 for pain and suffering, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. This amount represents compensation for all damages that would be available under Section 15(a).

The Clerk of 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

LYNN LOUISE TORRESO, as Personal Representative of the Estate of KENT TORRESO, Deceased, Petitioner, No. 24-906 (ECF) v. Chief Special Master Brian H. Corcoran SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On June 12, 2024, Lynn Louise Torreso (“petitioner”), as personal representative of the Estate of Kent Torreso, 1 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 amended her petition on June 20, 2025 (the “Amended Petition”). ECF No. 24.

Petitioner alleges that Kent Torreso developed Guillain-Barré Syndrome (“GBS”) as the result of an influenza (“flu”) vaccine administered to him on October 19, 2022, and that his death on January 10, 2023, is vaccine-related.

On November 4, 2025, 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 flu-GBS Table injury, and that Kent Torreso’s death is vaccine-related. ECF No.

Petitioner filed documentation on December 17, 2025, establishing that on March 12, 2024, she was appointed personal representative of Kent Torreso’s Estate under the laws of the State of Arizona. See Exhibit 16. All references to petitioner herein refer solely to Lynn Louise Torreso in her representative capacity as the personal representative of the Estate of Kent Torreso.

31. On November 12, 2025, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 33.

I. Items of Compensation A. Death Benefit Respondent proffers that petitioner should be awarded $250,000.00, which represents compensation for the statutory benefit for a vaccine-related death. See 42 U.S.C. § 300aa- 15(a)(2). Petitioner agrees.

B. Pain and Suffering Respondent proffers that petitioner should be awarded $200,000.00 in pain and suffering.

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

These amounts represent all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

II. Form of the Award Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment and requests that the Chief Special Master’s decision and the Court’s judgment award the following: a lump sum payment of $450,000.00 to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. 2 Respectfully submitted, BRETT A. SHUMATE Assistant Attorney General Civil Division

If for some reason petitioner is not authorized by a court of competent jurisdiction to serve as the personal representative of the Estate of Kent Torreso at the time a payment pursuant to this Proffer is to be made, then any such payment shall be paid to the party or parties appointed by a court of competent jurisdiction to serve as personal representative of the Estate of Kent Torreso upon submission of written documentation of such appointment to the Secretary.

JONATHAN D. GUYNN Acting Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division JULIA M. COLLISON Assistant Director Torts Branch, Civil Division s/ J. Connor Daughton J. CONNOR DAUGHTON Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel.: (202) 305-3907 Email: [email protected] DATED: December 17, 2025