Sanfratello v. Secretary of Health and Human Services
Opinion
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS No. 25-1222V
BETTY SANFRATELLO, Chief Special Master Corcoran Petitioner, Filed: May 12, 2026 v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Julia Wernett McInerny, Mctlaw, Washington, D.C., for Petitioner.
Lauren Kells, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1 On July 24, 2025, Betty Sanfratello 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-Barré Syndrome (“GBS”) resulting from the influenza (“flu”) vaccine received on October 25, 2023. Petition at ¶¶ 1- 39-40. Petitioner further alleges that she suffered the residual effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action on her behalf as a result of her injury. Id. at ¶¶ 41-44. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On May 11, 2026, 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, [the Division of Injury Compensation Programs] has determined that [P]etitioner has satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation, which afford [P]etitioner 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. 42 C.F.R. § 100.3(a)(XIV)(D), (c)(15). Therefore, based on the record as it now stands, [P]etitioner has satisfied all legal prerequisites for compensation under the Vaccine Act. See 42 U.S.C. § 300aa- 13(a)(1); 42 U.S.C. § 300aa-11(c)(1).
Id. at 10.
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.