Herzig v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

********************* SANDRA HERZIG, * No. 18-218V

* Special Master Christian J. Moran Petitioner, *

* v. * Filed: December 10, 2018

* SECRETARY OF HEALTH * Ruling on entitlement; influenza AND HUMAN SERVICES, * vaccine; Guillain-Barré syndrome

* Respondent. *

********************* Ronald C. Homer, Conway, Homer, P.C., Boston, MA, for Petitioner; Julia M. Collison, U.S. Department of Justice, Washington, DC, for Respondent.

UNPUBLISHED RULING FINDING ENTITLEMENT1 On February 13, 2018, Sandra Herzig filed a petition for compensation for a vaccine related injury. Ms. Herzig alleged that the influenza (“flu”) vaccine she received on September 20, 2016, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused her to suffer Guillain-Barré syndrome (GBS) and chronic inflammatory demyelinating polyneuropathy (CIDP). Ms. Herzig further alleged that she suffered the residual effects of these injuries for more than six months. Ms. Herzig represented that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition.

In the Rule 4 report filed on December 6, 2018, respondent stated that medical personnel at the Division of Injury Compensation Programs, Department of Health and Human Services, have reviewed Ms. Herzig’s medical records and concluded that Ms. Herzig “suffered from GBS, not CIDP, and that she has satisfied the criteria set forth in the recently revised Vaccine Injury Table.” Resp’t’s Rep. at 6. As a result, respondent recommended that “compensation be awarded for [Ms. Herzig’s] GBS following administration of the flu vaccine.” Id. at 1.

Special masters may determine whether a petitioner is entitled to compensation based upon the record without holding a hearing. 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 she is entitled to compensation based on her GBS injury.

A damages order will issue shortly.

IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master