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HOOPER v. SECRETARY OF HEALTH AND HUMAN SERVICES, 17-355V. (2017)

Court: United States Court of Federal Claims Number: infdco20180112986 Visitors: 22
Filed: Nov. 13, 2017
Latest Update: Nov. 13, 2017
Summary: Not to be Published RULING FINDING ENTITLEMENT 1 BRIAN H. CORCORAN , Special Master . On March 15, 2017, Nicole Hooper filed a petition seeking compensation under the National Vaccine Injury Compensation Program. 2 ECF No. 1. Petitioner alleged that she suffered from Guillain-Barre Syndrome ("GBS") as a result of receiving the influenza ("flu") vaccination on October 2, 2015. Id. In her Rule 4(c) Report, Respondent acknowledged that the Petitioner's claim is compensable as a Table in
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Not to be Published

RULING FINDING ENTITLEMENT1

On March 15, 2017, Nicole Hooper filed a petition seeking compensation under the National Vaccine Injury Compensation Program.2 ECF No. 1. Petitioner alleged that she suffered from Guillain-Barre Syndrome ("GBS") as a result of receiving the influenza ("flu") vaccination on October 2, 2015. Id.

In her Rule 4(c) Report, Respondent acknowledged that the Petitioner's claim is compensable as a Table injury under the Act. Resp't's Rule 4(c) Report, dated Nov. 13, 2017 (ECF No. 16). Respondent specifically stated that medical personnel at the Division of Injury Compensation Programs, Department of Health and Human Services, have reviewed the petition and accompanying documents filed in this case, as well as the relevant medical records, and Respondent has concluded that Petitioner satisfied the criteria set forth in the Table. Id. at 3. Respondent concedes that the evidence shows that Petitioner suffered from GBS as a result of the flu vaccine, and that onset occurred within the appropriate timeframe. Id. Respondent therefore concludes that Petitioner is entitled to an award of damages. Id.

In view of Respondent's concession, and based on my own review of the record (see § 300aa-13(a)(1); 42 C.F.R. § 100.3 (a)(I)), I find that Petitioner is entitled to compensation for an injury that was caused-in-fact by a covered vaccine. 42 C.F.R. §§ 100.3(a)(XIV), 100.3(b)(2). A separate damages order will be issued shortly.

Any questions may be directed to my law clerk, Cate Rodgers, at (202) 357-6345.

IT IS SO ORDERED.

FootNotes


1. Because this ruling contains a reasoned explanation for my actions in this case, I will 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 (2012). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the published decision's inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen days within which to request redaction "of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy." Vaccine Rule 18(b). Otherwise, the whole ruling will be available to the public. Id.
2. The National Vaccine Injury Compensation Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. § 300aa-10 through 34 (2012)).
Source:  Leagle

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