United States Court of Federal Claims, 2025

Kallman v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided April 7, 2025 · Brian H. Corcoran

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 24-1289V

CATHY ANN KALLMAN, Chief Special Master Corcoran

Petitioner, Filed: March 5, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent.

Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.

James C. Daughton, U.S. Department of Justice, Washington, DC, for Respondent.

RULING ON ENTITLEMENT1

On August 21, 2024, Cathy Kallman (“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 she suffered the Vaccine Table Injury of Guillain-Barre Syndrome (“GBS”) as a result of the flu vaccine administered on September 22, 2023. See generally Petition. Petitioner further alleges that the onset of her GBS symptoms began within 3-42 days following administration of the flu vaccine, and that her vaccine-related injuries lasted longer than 6 months. Petition at 16. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On March 3, 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 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 alternative cause.” Id. at 9. Respondent further agrees that Petitioner has suffered the residual effects of her condition for more than six months and all other legal requirements have been met for compensation under the Act. Id.

In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. The parties shall file a status report on or before April 30, 2025, setting forth their progress in resolving damages in this case.

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).

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