In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-1634V

UNPUBLISHED

W.B.,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: November 25, 2019

Special Processing Unit (SPU);

Ruling on Entitlement; Concession;

Table Injury; Influenza (Flu) Vaccine;

Guillain-Barre Syndrome (GBS)

Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.

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

RULING ON ENTITLEMENT1

On October 23, 2018, W.B. 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-Barré Syndrome (GBS) as a result of 

receiving an influenza vaccination, on September 12, 2016. Petition at 1. Petitioner 

further alleges that he received the vaccination in the United States, that he suffered the 

residual effects of his GBS for more than six months, and that neither he nor any other 

party has filed a civil action or received compensation for his GBS. Id. at 13-14. 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1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am 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

On November 22, 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 (ECF No. 30) at 1. Specifically, Respondent found that based on the 

medical records: Petitioner has satisfied the criteria set forth in the revised Vaccine 

Injury Table and the Qualifications and Aids to Interpretation; onset of GBS occurred

between three and forty-two days after receipt of the seasonal flu vaccination with no

there is no apparent alternative cause; and, the medical records demonstrate that 

Petitioner has experienced the residual effects of his GBS for more than six months. Id. 

at 5, (citing 42 C.F.R. § 100.3(a)(XIV)(D), (c)(15)). Respondent determined, “based on 

the case record as it now stands, [P]etitioner has satisfied all legal prerequisites for 

compensation under the Act.” Id., (citing 42 U.S.C. § 300aa-13(a)(1)(B); 42 U.S.C. 

§ 300aa-11(c)(1)(D)(I)).

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