* * * * * * * * * * * * * * *

THERESA MARICH , * UNPUBLISHED * Petitioner, * No. 1 9

- 119 V *
v. * Special Master Dorsey * SECRETARY OF HEALTH * Ruling on Entitlement; Conce ssion ; AND HUMAN SERVICES, * Influenza ( “ F lu ” ) Vaccine; Guillain

- Barr é * Syndr ome ( “ GBS ” ). Respondent. * * * * * * * * * * * * * * * * *
Anne Carrion Toale , Maglio Christopher and Toale , Sarasota, FL , for petitioner. Adriana Ruth T eitel , United States Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT 1

On January 23 , 201 9 , Theresa Marich (“petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program (“ the Program ”) 2 alleging that sh e developed Guillain

- Barr é syndrome ( “ GBS ” ) a fter receipt of a n influenza (“flu”) vaccination on October 19, 2017 and /or a tetanus

- d iphtheria

- a cellular pertussis ( “ Tdap ” ) vaccination on October 27, 2017. Petition at 1.
On S eptemb er 3 , 2020 , respondent filed a n amended report pursuant to Vaccine Rule 4(c) in wh ich he concedes that petitioner is entitled to compensation in this case. Amended

1 Because this Ruling contains a reasoned explanation for the action in this case, the undersigned is 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) (Fe deral 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 a nd move to redact medical or othe r 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 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa

- 10 to

- 34 (2012). Al l citations in this Ruling to ind ividual sections of the Vaccine Act are to 42 U.S.C. § 300aa. 

# In the Uni ted State s Court of Federal Claims

OFFICE OF SPECIAL M ASTERS Filed: September 3, 20202

IT IS SO ORDERED.
s/ Nora Beth Dorsey Nora Beth Dorsey Special Master Respondent ’ s Report ( “ A m. Resp. Rep t. ” ) a t 2. Based on a r eview of the medical records responde nt states that “ petitioner has satisfied the criteria s et forth in the revised Vacc ine Injury Table and the Qualifications and Aids to Interpretation ” and “ has experienced the residual effects of her GBS for mor e tha n six months. ” Id. at 9. Therefor e, petitioner ha s satisfied all lega l prerequisites for compensation unde r the A ct. Id. A special master m ay determine whe ther a p etitioner is entitled to compensation based upon the record. A he aring is not required. § 300aa-13; Vaccine Rule 8 (d). In light of respondent’s concessi on and a re view of the record, the unders igned finds that petitioner is entitled to compensation. This matter shall now proceed to the d amages phase.