Filed: Feb. 21, 2018
Latest Update: Feb. 21, 2018
Summary: RULING ON ENTITLEMENT 1 HERBRINA D. SANDERS , Special Master . On June 16, 2017, Lynette Pestel ("Petitioner") filed a petition for compensation under the National Vaccine Injury Compensation Program. 42 U.S.C. 300aa-10, et seq. 2 (2012) ("Vaccine Act" or "Program"). Petitioner alleged that she suffered from Guillain-Barr Syndrome ("GBS") as a result of an influenza vaccine she received on September 26, 2014. Pet. at 1, ECF No. 1. On February 15, 2018, Respondent filed his Rule 4(c
Summary: RULING ON ENTITLEMENT 1 HERBRINA D. SANDERS , Special Master . On June 16, 2017, Lynette Pestel ("Petitioner") filed a petition for compensation under the National Vaccine Injury Compensation Program. 42 U.S.C. 300aa-10, et seq. 2 (2012) ("Vaccine Act" or "Program"). Petitioner alleged that she suffered from Guillain-Barr Syndrome ("GBS") as a result of an influenza vaccine she received on September 26, 2014. Pet. at 1, ECF No. 1. On February 15, 2018, Respondent filed his Rule 4(c)..
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RULING ON ENTITLEMENT1
HERBRINA D. SANDERS, Special Master.
On June 16, 2017, Lynette Pestel ("Petitioner") filed a petition for compensation under the National Vaccine Injury Compensation Program. 42 U.S.C. § 300aa-10, et seq.2 (2012) ("Vaccine Act" or "Program"). Petitioner alleged that she suffered from Guillain-Barré Syndrome ("GBS") as a result of an influenza vaccine she received on September 26, 2014. Pet. at 1, ECF No. 1.
On February 15, 2018, Respondent filed his Rule 4(c) Report. ECF No. 16. In his report, Respondent concludes that "compensation is appropriate under the Act." Id. at 1. Specifically, Respondent states that "[P]etitioner has satisfied the criteria set forth in the newly revised Vaccine Injury Table ("Table") and the Qualifications and Aids to Interpretation for GBS following a flu vaccination." Id. at 4. Accordingly, Respondent concludes that Petitioner is entitled to an award of damages "limited to [P]etitioner's GBS and its related sequelae only." Id.
In light of Respondent's position and the evidence of record, the undersigned finds that Petitioner is entitled to compensation.
In a status report filed on February 1, 2018, Petitioner stated that she sent a demand to Respondent on that date. ECF No. 14. It is hereby ORDERED that the parties shall file a status report on the progress of settlement discussions no later than Friday, March 23, 2018.
IT IS SO ORDERED.
