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In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 17-1479V 

 Filed: September 25, 2018 

UNPUBLISHED 

ANGELINA CAVALLO and MATTHEW 

POLANCO on behalf of M.P., a minor 

child, 

 Petitioners, 

v. 

SECRETARY OF HEALTH 

AND HUMAN SERVICES, 

 Respondent. 

Special Processing Unit (SPU); 

Ruling on Entitlement; Concession; 

Table Injury; Influenza (Flu) Vaccine; 

Guillain-Barre Syndrome (GBS) 

   

Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner. 

Ilene Clair Albala, U.S. Department of Justice, Washington, DC, for respondent. 

RULING ON ENTITLEMENT1

Dorsey, Chief Special Master: 

 On October 10, 2017, Angelina Cavallo and Matthew Polanco (“petitioners”) filed 

a petition for compensation under the National Vaccine Injury Compensation Program, 

42 U.S.C. §300aa-10, et seq.,

2 (the “Vaccine Act”) on behalf of their minor child, M.P. 

Petitioners allege that M.P. suffered Guillain-Barré syndrome (“GBS”) as a result of an 

influenza (“flu”) vaccine he received on October 3, 2016. Petition at 1. 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1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the 

undersigned intends 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). 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, the undersigned agrees that the identified material fits 

within this definition, the undersigned 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 subparagraph of 42 U.S.C. § 

300aa (2012). 
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On September 25, 2018, respondent filed his Rule 4(c) report in which he 

concedes that petitioners are entitled to compensation in this case. Respondent’s Rule 

4(c) Report at 1. Specifically, respondent states that “petitioners have satisfied the 

criteria set forth in the recently revised Vaccine Injury Table (Table) and the 

Qualifications and Aids to Interpretation (QAI), which afford petitioners a presumption of 

causation for M.P.’s alleged injury if the onset of GBS occurs between three and fortytwo days after a seasonal flu vaccination and there is no apparent alternative cause.” 

Id. at 6. Respondent further agrees that “M.P. suffered the residual effects of his 

condition for more than six months...” and “based on the record as it now stands, 

petitioners have satisfied all legal prerequisites for compensation under the Act.” Id.

 In view of respondent’s position and the evidence of record, the 

undersigned finds that petitioner is entitled to compensation. 

IT IS SO ORDERED. 

 s/Nora Beth Dorsey 

 Nora Beth Dorsey 

 Chief Special Master