# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 0935 V

UNPUBLISHED

J UDSON COSTLOW

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: October 30, 2020

Special Processing Unit (SPU) ;
Rul ing on Entitlement; Concession;
Table Injury; Influenza (Flu) Vaccine;

Guillain

- Barre Syndrome (GBS)

Amy A. Senerth, Muller Brazil, LLP, Dresher, PA , for petitioner.

Ronalda Elnetta Kosh , U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT 1

On June 27, 2019

, Ju dson Costlow 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 Guillain

- Barré s yndrome ( “ GBS ” )

caused i n fact by the influenza vaccine he received on September 16, 2016

. Petit ion at

1, ¶ ¶ 2, 20

. Petitioner further alleges that he received the vaccination in the United States,

that he suffered the residual effects of his GBS for more tha n six months, and that nei ther Petitioner nor any other party has filed a civil action or received compensation for his GBS, alleged as vaccine caused. Id. at ¶ ¶ 2, 20

- 22. 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1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 October 30, 2020

, 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. Although Respondent originally o pposed compensation in this case based on his b elie f

that Petitioner ha d failed to establish that he suffered the residual effect of his GBS for more than six months, upon reviewing the additional evidence provided by Petitioner he

now “ has determined that [P]etitioner has sati sfied this statutory r equirement. ” Id. at 2;

see Section 16(c)(1)(D)(i) (statutory six

- month requirement)

. Respondent further agrees

that “ [P]etitioner has satisfied all legal requirements for compensati on under the Vaccine

Act as set forth in the Table and the Qualification and Aids to Interpretation

. ” 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