Boylston v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 18-1634V UNPUBLISHED

W.B., Chief Special Master Corcoran

Petitioner, Filed: November 25, 2019 v.

Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;

Guillain-Barre Syndrome (GBS) Respondent.

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

Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT1

On October 23, 2018, W.B. 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 he suffered Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccination, on September 12, 2016. Petition at 1. Petitioner further alleges that he received the vaccination in the United States, that he suffered the residual effects of his GBS for more than six months, and that neither he nor any other party has filed a civil action or received compensation for his GBS. Id. at 13-14. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On November 22, 2019, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report (ECF No. 30) at 1. Specifically, Respondent found that based on the medical records: Petitioner has satisfied the criteria set forth in the revised Vaccine Injury Table and the Qualifications and Aids to Interpretation; onset of GBS occurred between three and forty-two days after receipt of the seasonal flu vaccination with no there is no apparent alternative cause; and, the medical records demonstrate that Petitioner has experienced the residual effects of his GBS for more than six months. Id. at 5, (citing 42 C.F.R. § 100.3(a)(XIV)(D), (c)(15)). Respondent determined, “based on the case record as it now stands, [P]etitioner has satisfied all legal prerequisites for compensation under the Act.” Id., (citing 42 U.S.C. § 300aa-13(a)(1)(B); 42 U.S.C. § 300aa-11(c)(1)(D)(I)).

In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation.

IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master