# Whitehouse v. Secretary of Health and Human Services

> United States Court of Federal Claims · March 11, 2025

URL: https://www.frixlaw.com/law-library/cases/10820635

## Case

- **Court:** United States Court of Federal Claims
- **Decided:** March 11, 2025
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Judges:** Brian H. Corcoran
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10820635

## Opinion text

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-1647V

GREGORY WHITEHOUSE, Chief Special Master Corcoran

Petitioner, Filed: February 4, 2025
v.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent.

Timothy J. Mason, Law Office of Sylvia Chin-Caplan, LLC, Boston, MA, for Petitioner.

Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
Respondent.

RULING ON ENTITLEMENT 1

On September 25, 2023, Gregory Whitehouse 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 from Guillain-Barre Syndrome
“GBS”) following an influenza vaccination she received on October 14, 2020. Petition at
1. Petitioner further alleges that he suffered the residual effects of his vaccine-related
injury for more than six months. Petition at ¶ 8. The case was assigned to the Special
Processing Unit of the Office of Special Masters.

On February 4, 2025, 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 Because this Ruling contains a reasoned explanation for the action taken in this case, it must be made

publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2018).
1. Specifically, Respondent states that “Petitioner suffered GBS following a flu vaccine
within the Table time period, and there is not a preponderance of the medical evidence
that Petitioner’s GBS was due to a factor unrelated to the vaccination.” Id. at 5.
Respondent further agrees that “based on the record as it now stands, compensation is
appropriate, as Petitioner has satisfied all legal prerequisites 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

2

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10820635. Public record. Not legal advice.
