Judges: Nora Beth Dorsey
Filed: Sep. 21, 2018
Latest Update: Mar. 03, 2020
Summary: In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1414V Filed: June 18, 2018 UNPUBLISHED CHARLES THOMPSON, Special Processing Unit (SPU); Petitioner, Ruling on Entitlement; Concession; v. Table Injury; Influenza (Flu) Vaccine; Guillain-Barre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. Alison H. Haskins, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner. Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent. RUL
Summary: In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1414V Filed: June 18, 2018 UNPUBLISHED CHARLES THOMPSON, Special Processing Unit (SPU); Petitioner, Ruling on Entitlement; Concession; v. Table Injury; Influenza (Flu) Vaccine; Guillain-Barre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. Alison H. Haskins, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner. Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent. RULI..
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In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1414V
Filed: June 18, 2018
UNPUBLISHED
CHARLES THOMPSON,
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.
Alison H. Haskins, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On October 3, 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 that as a result of an influenza (“flu”) vaccination,
he suffered from Guillain-Barre Syndrome (“GBS”). Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On June 11, 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 concluded that petitioner suffered a Table injury of GBS
following a flu vaccine, and that there is not a preponderance of evidence that
petitioner’s GBS was due to a factor unrelated to the vaccination.
Id. at 3. Respondent
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).
further agrees that petitioner has satisfied all legal prerequisites for compensation under
the Vaccine Act.
Id.
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