Opinion

Smit v. Secretary of Health and Human Services

Court
United States Court of Federal Claims
Filed
Dec 31, 2025
Status
Unpublished
On the bench
Brian H. Corcoran
Cited by
0 cases

The opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 25-0516V

CRAIG SMIT, Chief Special Master Corcoran

Petitioner,

v. Filed: November 24, 2025

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent.

John Beaulieu, Siri & Glimstad, LLP, Louisville, KY, for Petitioner.

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

Respondent.

RULING ON ENTITLEMENT1

On March 21, 2025, Craig Smit 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

an influenza (“flu”) vaccine administered to him on December 14, 2022. Petition at 1. The

case was assigned to the Special Processing Unit of the Office of Special Masters.

On November 20, 2025, Respondent filed a 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. 22) at 1-2. Specifically, Respondent agrees that Petitioner suffered GBS

following a flu vaccine within the relevant time period set forth in the Vaccine Injury Table

(“the Table”), and there is not a preponderance of the medical evidence that Petitioner’s

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).

GBS was due to a factor unrelated to the vaccination. Id. at 4 (citing 42 C.F.R. §§ 100.3(a),

(c)(15); Section 13(a)(1)). The claim also meets the statutory severity requirement

because Petitioner experienced sequelae of his GBS for more than six months. Id. (citing

Section 11(c)(1)(D)(i)). Therefore, based on the record as it now stands, compensation is

appropriate, as Petitioner has satisfied all legal prerequisites for compensation 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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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