# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 1484 V

UNPUBLISHED

MITZI LEE

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: April 19, 2021

Special Processing Unit (SPU) ;

Rul ing on Entitlement; Concession;

Table Injury; Influenza (Flu) Vaccine;

Acute Inflammatory Demyelinating
Polyneuropathy (AIDP); Bell ’ s Palsy;

Guillain

- Barre Syndrome (GBS) ;

Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA , for petitioner.

Laurie Wiesner

, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT 1

On October 28, 2020

, Mitzi Lee 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 ac ute inflammatory demyelinating pol yneuropathy ( AIDP ) , a form of Guillain

- Barré Syndrome (GBS)

, and Bell ’ s Palsy which

was cause d in fact by the influenza vaccine she received on N ovember 11, 2018 . Petit ion

at 1, ¶¶ 2, 12

. Petitioner further alleges that she received the vaccination in the United
States, that she suffered the residual effects of her GBS for more than six months and that neither she nor any other party has filed a civil action or received compensation for her GBS, alleged as vaccine caused. Id. at ¶¶ 2, 1 3

- 15. The case was assigned to the Special Processing Unit of the Office of Special Masters.

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required
to post it on the United States Court of Federal Claims' website in accordance with the E

- Government Act

of 2002. 44 U.S.C. § 3501 note (2012) (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 “§” references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. § 300aa
(2012 ).2

On April 19, 2021

, R espondent filed his Rule 4(c) report in which he concedes that

P etitioner is entitled to compensa tion in this case. Respondent’s Rule 4(c) Report at 1. Specifically, R espondent believes “ that [P]etitioner has satisfied the criteria set forth in the revised Vaccine Injury Table (Table) and the Qualifications and Aids to interpretation (QAI). ” Id. at 8

. Respondent further agrees that “ based on the current record, [P]etitioner

has satisfied all legal prerequisites for compensation under the Act

. ” Id.

In view of R espondent’s position and the evidence of record, I find that

P etitioner is entitle d to compensation.

IT IS SO ORDERED.

s/ Brian H. Corcoran

Brian H. Corcoran

Chief Special Master