Waldner v. Secretary of Health and Human Services
Opinion
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS No. 26-0230V
ROBERT WALDNER,
Chief Special Master Corcoran Petitioner,
v. Filed: August 25, 2026 SECRETARY OF HEALTH AND HUMAN SERVICES,
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Mary Novakovic, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT 1
On February 10, 2026, Robert Waldner 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 he received on November 2, 2023. Petition at 1. Petitioner further alleges that his GBS “symptoms persisted for more than six months.” Id. at ¶ 12. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On August 18, 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 “Petitioner has satisfied the criteria set forth in the Vaccine Injury Table and 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 other apparent cause.” Id. at 6.
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.