In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 19-174V

UNPUBLISHED

RICHARD BOOTH,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: April 2, 2020

Special Processing Unit (SPU);

Ruling on Entitlement; Concession;

Table Injury; Influenza (Flu) Vaccine;

Guillain-Barre Syndrome (GBS)

Anne Carrion Toale, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.

Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT1

On January 31, 2019, Richard Booth 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-Barre Syndrome (GBS) as a 

result of his September 18, 2017 influneza (“flu”) vaccination. Petition at 1-4. The case 

was assigned to the Special Processing Unit of the Office of Special Masters.

On March 31, 2020, 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 indicates that

 1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am 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

[b]ased on the medical records outlined above, petitioner has satisfied the 

criteria set forth in the revised Vaccine Injury Table and the Qualifications 

and Aids to Interpretation, which affords petitioner a presumption of 

causation if onset of GBS occurs between three and forty-two days after 

receipt of a seasonal flu vaccination and there is no apparent alternative 

cause. 42 C.F.R. § 100.3(a)(XIV)(D), (c)(15). 

Id. at 5 (footnote omitted). Respondent further agrees that

the medical records demonstrate that petitioner has experienced the 

residual effects of his GBS for more than six months. See 42 U.S.C. § 

300aa-13(a)(1)(B); 42 U.S.C. § 300aa-11(c)(1)(D)(I). Therefore, based on 

the case record as it now stands, petitioner has satisfied all legal 

prerequisites for compensation under the Act.

Id.

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