Burlew v. Secretary of Health and Human Services
Opinion
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS No. 25-0765V
MARIAH BURLEW, Chief Special Master Corcoran
Petitioner, Filed: December 16, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES,
Respondent.
LeeAnne Pedrick, Mctlaw, Washington DC, for Petitioner.
Adam Nemeth Muffett, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On May 2, 2025, Mariah Burlew 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 Guillain-Barré syndrome (GBS) as a result of an influenza (flu) vaccine administered to her on December 9, 2023, at nineteen years of age. Petition at 1, 4. Petitioner further alleges that she suffered the residual effects of her injury for more than six months. Petition at 5. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On December 15, 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 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 5. Respondent further agrees that the statutory six-month sequelae requirement has been satisfied, and that Petitioner has satisfied all legal prerequisites 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.
IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master
Case-law data current through September 30, 2026. Source: CourtListener bulk data.