# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 1155 V

UNPUBLISHED

BERNARD NEUWIRTH, as Executor

of the Estate of ELLEN C. NEUWIRTH

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: February 12, 2021

Special Processing Unit (SPU) ;

Rul ing on Entitlement; Concession;

Table Injury; Influenza (Flu) Vaccine;

Guillain

- Barre Syndrome (GBS)

Steven Edwards Winslow, Jubelirer Pass & Intrieri, PC, Pittsburgh , PA , for petitioner.

Ryan Daniel Pyles , U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT 1

On September 8 , 20 20

, Bernard Neuwirth 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 Ellen Neuwirth suffered a Table Injury

– Guillain

Barré syndrome (GBS)

– as a result of h er September 10, 2019 influneza (“flu”)

vaccination which caused her death . Petit ion at 1 . The case was assigned to the Special

Processing Unit of the Office of Special Masters.

On February 11, 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1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required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 inform ation,

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 1. Specifically, R espondent indicates that

[i] t is respondent’s position that petitioner has satisfied the criteria set forth

in the revised Vaccine Injury Table (Table) and the Qua lifications and Aids

to Interpretation (QAI), which afford petitioner a presumption of causation if

the onset of GBS occurs between three and forty

- t wo days afte r seasonal

flu vaccination and there is no apparent alternative cause. 42 U.S.C. §

300aa

- 14(a) (XIV)(D), (c)(15).

Id. at 2 . Respondent further agrees that “ the record establishes by preponderant

evidence that GBS was the cause of decedent’s death. Therefore, based on the current

record, petitioner has satisfied all legal prerequisites for compensation under the Act. ” Id.

at 2

- 3

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