Neuwirth v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 20-1155V UNPUBLISHED

BERNARD NEUWIRTH, as Executor Chief Special Master Corcoran of the Estate of ELLEN C. NEUWIRTH,

Filed: February 12, 2021 Petitioner,

v. Special Processing Unit (SPU);

Ruling on Entitlement; Concession; SECRETARY OF HEALTH AND Table Injury; Influenza (Flu) Vaccine; HUMAN SERVICES, Guillain-Barre Syndrome (GBS)

Respondent.

Steven Edwards Winslow, Jubelirer Pass & Intrieri, PC, Pittsburgh, PA, for petitioner. Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT 1

On September 8, 2020, Bernard Neuwirth 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 Ellen Neuwirth suffered a Table Injury – Guillain- Barré syndrome (GBS) – as a result of her September 10, 2019 influneza (“flu”) vaccination which caused her death. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On February 11, 2021, 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 at 1. Specifically, Respondent indicates that

[i]t is respondent’s position that petitioner has satisfied the criteria set forth in the revised Vaccine Injury Table (Table) and the Qualifications and Aids to Interpretation (QAI), which afford petitioner a presumption of causation if the onset of GBS occurs between three and forty-two days after seasonal flu vaccination and there is no apparent alternative cause. 42 U.S.C. § 300aa-14(a)(XIV)(D), (c)(15).

Id. at 2. Respondent further agrees that “the record establishes by preponderant evidence that GBS was the cause of decedent’s death. Therefore, based on the current record, petitioner has satisfied all legal prerequisites for compensation under the Act.” Id. at 2-3

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