In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 18-1598V 

UNPUBLISHED 

BRENDA SLAY, 

 Petitioner, 

v. 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

 Respondent. 

Chief Special Master Corcoran 

Filed: November 18, 2019 

Special Processing Unit (SPU); 

Ruling on Entitlement; Concession; 

Table Injury; Influenza (Flu) Vaccine; 

Guillain-Barre Syndrome (GBS) 

   

David Charles Richards, Christensen & Jensen, P.C., Salt Lake City, UT, for petitioner. 

Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent. 

RULING ON ENTITLEMENT1

 On October 16, 2018, Brenda Slay 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 Guillain-Barré syndrome (“GBS”) as 

a result of an influenza (“flu”) vaccine administered to her on October 17, 2016. Petition 

at 1. The case was assigned to the Special Processing Unit of the Office of Special 

Masters. 

On November 18, 2019, 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 the “[m]edical personnel at the 

                                                            

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am 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 EGovernment 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 subparagraph of 42 U.S.C. § 

300aa (2012). 
2

Division of Injury Compensation Programs, Department of Health and Human Services 

(DICP), have reviewed the petition and medical records filed in this case. They have 

concluded that petitioner suffered GBS following a flu vaccine within the Table time 

period, and there is not preponderant evidence that petitioner’s GBS was due to a factor 

unrelated to the vaccination.” Id. at 5. Respondent further agrees that the claim meets 

the statutory severity requirement because Petitioner experienced sequela of her GBS 

for more than six months, and therefore, Petitioner has satisfied all legal prerequisites 

for compensation under the Vaccine Act. 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