In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 16-1419V 

Filed: July 14, 2017 

UNPUBLISHED 

CORINNA BAYE,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Special Processing Unit (SPU); 

Ruling on Entitlement; Uncontested;

Causation-In-Fact; Influenza (Flu) 

Vaccine; Guillain-Barre Syndrome 

(GBS)

Elizabeth Martin Muldowney, Sands Anderson PC, Richmond, VA, for petitioner. 

Amy Paula Kokot, U.S. Department of Justice, Washington, DC, for respondent. 

RULING ON ENTITLEMENT1

Dorsey, Chief Special Master: 

 On October 27, 2016, petitioner 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”)

caused-in-fact by the influenza vaccine she received on November 18, 2014. Petition at 

1. Petitioner further alleges that she received the vaccination in the United States, 

suffered the effects of her injury for more than six months, and has not brought a civil 

action or received compensation for her injury, alleged as vaccine caused. Petition at 

¶¶ 3, 17-18. 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 Because this unpublished ruling contains a reasoned explanation for the action in this case, the 

undersigned intends 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) (Federal Management and Promotion of 

Electronic Government Services). 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, the undersigned agrees that the identified material fits 

within this definition, the undersigned 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).
On July 14, 2017, respondent filed his Rule 4(c) Report stating that he “does not 

contest entitlement in this matter.” Respondent’s Rule 4(c) Report at 1. Specifically, he 

indicates that “[i]t is respondent’s position that petitioner has satisfied the criteria set 

forth in the newly revised Vaccine Injury Table (“Table”) and the Qualifications and Aids 

to Interpretation (“QAI”).” Id. at 3-4 (footnote omitted). Respondent adds that 

“[a]lthough the revised Table only governs petitions filed on or after the effective date of 

the final rule,[3] the evidence shows that petitioner suffered GBS following the 

administration of a seasonal flu vaccine, and that the onset occurred within the time 

period specified in the Table.” Id. Respondent concludes that because petitioner would 

be entitled to a presumption of causation under the revised Table if he simply re-filed his 

petition, respondent “will not contest entitlement to compensation in this case.” Id. 

(citation omitted). 

In view of respondent’s position and the evidence of record, the 

undersigned finds that petitioner is entitled to compensation. 

IT IS SO ORDERED.

 s/Nora Beth Dorsey 

 Nora Beth Dorsey 

 Chief Special Master 

 

3

 Originally, the effective date for the new rule was February 21, 2017. Revisions to the Vaccine Injury 

Table, 82 Fed. Reg. 6294 (Jan. 19, 2017) (to be codified at 42 C.F.R. pt. 100). This effective date was 

delayed until March 21, 2017. Delay of Revisions to the Vaccine Injury Table, 82 Fed. Reg. 11321 (Feb. 

22, 2017) (to be codified at 42 C.F.R. pt. 100).