Jones v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1950V

CHERYL LYNN JONES, Chief Special Master Corcoran Petitioner, Filed: August 19, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

Paul Adrian Green, Law Office of Paul Green, Pasadena, CA, for Petitioner.

Sara DeStefano, U.S. Department of Justice, Washington, DC, for Respondent.

RULING ON ENTITLEMENT 1 On November 3, 2023, Cheryl Lynn Jones 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 from Guillain-Barre Syndrome (“GBS”) following an influenza vaccination she received on November 5, 2022. Petition at 1.

Petitioner further alleges that her GBS “resulted in hospital admission and surgery (lumbar puncture) and has persisted for more than six months.” Petition at ¶ 9. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On August 8, 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. Respondent states that is his “position that Petitioner suffered from GBS, and that she 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). has satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”) for GBS as the result of the flu vaccine.”

Id. at 8. Respondent further agrees that “Petitioner’s medical records do not contain any evidence of an alternate cause for Petitioner’s condition and her records demonstrate that she has met the severity criteria outlined in 42 U.S.C. § 300aa-11(c)(1)(D).” Id. at 8-9.

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