# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17

- 1644 V

(Not to be Published)

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

JULIE KEEN WHITE

, *

on behalf of the estate of *

CYNTHIA LADEW QUINN, *

*

Petitioner, * Filed: April 30, 2019

*

v. *

* Entitlement; Influenza Vaccine;

SECRETARY OF HEALTH * Guillain

- Ba rré Syndrome (“GBS”) ;

AND HUMAN SERVICES, * Conceded.

*

Respondent. *

*

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

Collie Britain Sledge, III , Rolling, Perrilloux & Sledge, Hammond, LA , for Petitioner

.

Sarah Duncan , U.S. Dep’t of Justice, Washington, DC, for Respondent

.

RULING FINDING ENTITLEMENT 1

On October 31 , 20 17

, Cynthia Quinn filed a petition seeking compensation under the

National Vaccine Injury Compensation Program. 2 Petitioner allege d that she suffered from

Guillain

- B arr é syndrome (“GBS”) as a result of receiving the influenza (“flu”) vaccination on

November 4, 2014

. Am. Pet. at 1, filed Feb. 27, 2018 (ECF No. 10). After Petitioner passed away

in late 2018, her daughter, Julie Keen White, continued pursuing this claim on behalf of her

mother’s estate. See Order Granting Motion to Amend Pleadings, filed Mar. 29, 2019 (ECF

No. 26).

1 Although this Ruling has been formally designated “not to be published,” it will nevertheless be posted on the Court

of Federal Claims’s website in a ccordance with the E

- Government Act of 2002, 44 U.S.C. § 3501 (2012). This means

the R uling will be available to anyone with access to the internet . As provided by 42 U.S.C. § 300aa

- 12(d)(4)(B),

however, the parties may object to the Ruling ’s inclusion o f certain kinds of confidential information. Specifically,

under Vaccine Rule 18(b), each party has fourteen days within which to request redaction “of any information

furnished by that party: (1) that is a trade secret or commercial or financial in substa nce and is privileged or

confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly

unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the Ruling in its present form will be available

. Id.

2 The National Vaccine Injury Compensation Program comprises Part 2 of the National Childhood Vaccine Injury Act

of 1986, Pub. L. No. 99

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

- 10 through 34 (2012)).2

In his Rule 4(c) Report, Respondent acknowledged that the Petitioner’s claim is

compensable as a Table injury under the Act. See Resp ondent’s Second Supplemental Rule 4(c)

Report, filed Apr. 30, 2019 (ECF No. 27 ). Respondent specifically stat ed that medical personnel

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

have reviewed the petition and accompanying documents filed in this case, as well as the relevant

medical records, and Respondent has concluded that P etitioner satisfied the criteria set forth in the

Table. Id. at 6

– 7

. Respondent concedes that the evidence shows that Petitioner suffered from GBS

as a result of the flu vaccine, and that onset occurred within the appropriate timeframe. Id.

Respondent therefore concludes that Petitioner is entitled to an award of damages. Id.

In view of Respondent’s concession, and based on my own review of the record ( s ee

§ 300aa

- 13(a)(1); 42 C.F.R. § 100.3 (a)(I)), I find that Petitioner is entitled to compensation for an

injury that was caused

- in

- fact by a covered vaccine. 42 C.F.R. §§ 100.3(a)(XIV), 100.3(b)(2). A

separate damages order will be issued sh ortly.

Any questions may be directed to my law clerk, Madeline Lamo , at (202) 357

- 63 91

.

IT IS SO ORDERED.

/s/ Brian H. Corcoran

Brian H. Corcoran

Special Master