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
Representative of the Estate of KENT
TORRESO, deceased,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Chief Special Master Corcoran
Filed: December 18, 2025
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 DAMAGES1
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
1 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).
Case 1:24-vv-00906-UNJ Document 44 Filed 01/21/26 Page 1 of 5

2
$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.
Case 1:24-vv-00906-UNJ Document 44 Filed 01/21/26 Page 2 of 5

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,
v.
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
No. 24-906 (ECF)
Chief Special Master Brian H. Corcoran
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.
1 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.
Case 1:24-vv-00906-UNJ Document 44 Filed 01/21/26 Page 3 of 5

2
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
2 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.
Case 1:24-vv-00906-UNJ Document 44 Filed 01/21/26 Page 4 of 5

3
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: james.c.daughton@usdoj.gov
DATED: December 17, 2025
Case 1:24-vv-00906-UNJ Document 44 Filed 01/21/26 Page 5 of 5