Opinion

Brown v. Secretary of Health and Human Services

Court
United States Court of Federal Claims
Filed
Sep 5, 2018
Status
Unpublished
On the bench
Nora Beth Dorsey
Cited by
0 cases

The opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17-1219V

Filed: May 9, 2018

UNPUBLISHED

RONALD BROWN,

Special Processing Unit (SPU);

Petitioner, Ruling on Entitlement; Concession;

v. Table Injury; Influenza (Flu) Vaccine;

Guillain-Barre Syndrome (GBS)

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent.

Shealene Priscilla Wasserman, Muller Brazil, LLP, Dresher, PA, for petitioner.

Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT 1

Dorsey, Chief Special Master:

On September 8, 2017, 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 he suffered Guillain-Barre Syndrome (“GBS”)

caused by his October 9, 2014 influenza (“flu”) vaccination. Petition at 1. The case was

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

On May 7, 2018, 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.

Specifically, respondent indicates that his position is that petitioner “has satisfied the

criteria set forth in the Vaccine Injury Table and Qualifications and Aids to Interpretation”

for GBS Id. at 3-4.

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the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.

2National 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).

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

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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