Filed: Jun. 26, 2019
Latest Update: Jun. 26, 2019
Summary: UNPUBLISHED RULING ON ENTITLEMENT 1 NORA BETH DORSEY , Chief Special Master . On September 5, 2018, 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 as a result of an influenza ("flu") vaccine administered on September 26, 2017, Shawn Gessner suffered a Table injury, Guillain-Barr syndrome ("GBS"), which subsequently led to cardiac arrest resulting in his d
Summary: UNPUBLISHED RULING ON ENTITLEMENT 1 NORA BETH DORSEY , Chief Special Master . On September 5, 2018, 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 as a result of an influenza ("flu") vaccine administered on September 26, 2017, Shawn Gessner suffered a Table injury, Guillain-Barr syndrome ("GBS"), which subsequently led to cardiac arrest resulting in his de..
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UNPUBLISHED
RULING ON ENTITLEMENT1
NORA BETH DORSEY, Chief Special Master.
On September 5, 2018, 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 as a result of an influenza ("flu") vaccine administered on September 26, 2017, Shawn Gessner suffered a Table injury, Guillain-Barré syndrome ("GBS"), which subsequently led to cardiac arrest resulting in his death on November 2, 2107. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On June 26, 2019, 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 states that "the Division of Injury Compensation Programs, Department of Health and Human Services ("DICP") . . . [have] concluded that Gessner suffered the Table injury of GBS following a flu vaccine within the Table time period, and . . . based on the record as it now stands, compensation is appropriate, as petitioner has satisfied all legal prerequisites for compensation under the Act." Id. at 5-6.
In view of respondent's position and the evidence of record, the undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
FootNotes
1. The undersigned intends to post this ruling on the United States Court of Federal Claims' website. 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, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. Because this unpublished ruling contains a reasoned explanation for the action in this case, undersigned is required 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).
2. National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755.
