Trigueros v. Secretary of Health and Human Services

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

********************* LUIS TRIGUEROS, *

* No. 16-1058V Petitioner, * Special Master Christian J. Moran

* v. *

* Filed: October 17, 2017 SECRETARY OF HEALTH * AND HUMAN SERVICES, * Ruling on entitlement;

* Influenza vaccine; Respondent. * Guillain-Barre syndrome.

********************* Ronald C. Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for Petitioner; Camille M. Collett, United States Department of Justice, Washington, DC, for Respondent.

UNPUBLISHED RULING FINDING ENTITLEMENT1 On August 25, 2016, Luis Trigueros filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 et seq. (2006). Mr. Trigueros alleges that he suffered Guillain-Barre syndrome (“GBS”) as a result of a flu vaccine administered on October 2, 2013.

In the Rule 4(c) report, respondent stated that the Division of Vaccine Injury Compensation, Department of Health and Human Services, has reviewed the facts of this case and have concluded that “the evidence shows that petitioner suffered GBS following the administration of a seasonal flu vaccine, and that the onset occurred within the time period specified in the [newly revised Vaccine Injury] Table.” Resp’t’s Rep. at 7-8. As a result, “respondent will not contest entitlement to compensation in this case.” Id. at 8.

Special masters may determine whether a petitioner is entitled to compensation based upon the record. A hearing is not required. 42 U.S.C. § 300aa-13; Vaccine Rule 8(d). Based upon a review of the record as a whole, the undersigned finds that petitioner has established that he is entitled to compensation.

IT IS SO ORDERED.

S/ Christian J. Moran _______________________________

Christian J. Moran Special Master