United States Court of Federal Claims, 2025

Whitehouse v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided March 11, 2025 · Brian H. Corcoran

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 23-1647V

GREGORY WHITEHOUSE, Chief Special Master Corcoran

Petitioner, Filed: February 4, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent.

Timothy J. Mason, Law Office of Sylvia Chin-Caplan, LLC, Boston, MA, for Petitioner. Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for Respondent.

RULING ON ENTITLEMENT 1

On September 25, 2023, Gregory Whitehouse 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 from Guillain-Barre Syndrome “GBS”) following an influenza vaccination she received on October 14, 2020. Petition at 1. Petitioner further alleges that he suffered the residual effects of his vaccine-related injury for more than six months. Petition at ¶ 8. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On February 4, 2025, 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 states that “Petitioner suffered GBS following a flu vaccine within the Table time period, and there is not a preponderance of the medical evidence that Petitioner’s GBS was due to a factor unrelated to the vaccination.” Id. at 5. Respondent further agrees that “based on the record as it now stands, compensation is appropriate, as Petitioner has satisfied all legal prerequisites under the Act.” Id.

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

1 Because this Ruling contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Ruling will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018).

Case-law data current through September 30, 2026. Source: CourtListener bulk data.