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