Proia v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 21-2234V UNPUBLISHED

RIANA PROIA, Parent and Natural Chief Special Master Corcoran Guardian of A.M., a Minor,

Filed: July 25, 2022 Petitioner,

v. Special Processing Unit (SPU);

Ruling on Entitlement; Concession; SECRETARY OF HEALTH AND Table Injury; Influenza (Flu); Guillain- HUMAN SERVICES, Barré syndrome (“GBS”).

Respondent.

Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.

Austin Joel Egan, U.S. Department of Justice, Washington, DC, for Respondent.

RULING ON ENTITLEMENT1

On November 30, 2021, Riana Proia, parent and natural guardian of her minor child, A.M. (“Petitioner”) 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 A.M. suffered from Guillain-Barré syndrome (“GBS”) as a result of an influenza vaccine (“flu”) vaccine administered to him on or about October 17, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On July 25, 2022, Respondent filed a combined Rule 4(c) Report and Proffer in which he concedes that Petitioner has satisfied the criteria set forth in the 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 a seasonal flu vaccination and there is no apparent alternate cause of GBS. Respondent’s Rule 4(c) Report and Proffer at 7 (citing 42 C.F.R. § 100.3(a)(XIV)(D), (c)(15)). Respondent further agrees that Petitioner timely filed this case, that A.M. received the flu vaccine in the United States, and that A.M. satisfied the statutory severity requirement by suffering the residual effects or complications of GBS for more than six months after vaccine administration. Id. (citing Section 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