Bronson v. Secretary of Health and Human Services, 18-1267V. (2019)
Court: United States Court of Federal Claims
Number: infdco20191021797
Visitors: 12
Filed: Jul. 12, 2019
Latest Update: Jul. 12, 2019
Summary: UNPUBLISHED RULING ON ENTITLEMENT 1 NORA BETH DORSEY , Chief Special Master . On August 22, 2018, Ryan Bronson ("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 developed Guillain-Barr syndrome ("GBS") as a result of an influenza ("flu") vaccine he received on October 15, 2015. Petition at 1-21. The case was assigned to the Special Processing Unit o
Summary: UNPUBLISHED RULING ON ENTITLEMENT 1 NORA BETH DORSEY , Chief Special Master . On August 22, 2018, Ryan Bronson ("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 developed Guillain-Barr syndrome ("GBS") as a result of an influenza ("flu") vaccine he received on October 15, 2015. Petition at 1-21. The case was assigned to the Special Processing Unit of..
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UNPUBLISHED
RULING ON ENTITLEMENT1
NORA BETH DORSEY, Chief Special Master.
On August 22, 2018, Ryan Bronson ("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 developed Guillain-Barré syndrome ("GBS") as a result of an influenza ("flu") vaccine he received on October 15, 2015. Petition at ¶¶1-21. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On July 10, 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 petitioner has satisfied the criteria set forth in the recently revised Vaccine Injury Table (`Table') and the Qualifications and Aids to Interpretation (`QAI'), which afford petitioner a presumption of causation if: the diagnosis of GBS is sound; the onset of GBS occurs between three and forty-two days after a seasonal flu vaccination; and, there is no identified more likely alternative diagnosis." Id. at 3. Respondent further agrees that petitioner suffered the residual effects of his GBS for more than six months and therefore, petitioner has satisfied all legal prerequisites for compensation under the 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.
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.
Source: Leagle
