Filed: Nov. 15, 2017
Latest Update: Nov. 15, 2017
Summary: Not to be Published RULING FINDING ENTITLEMENT 1 BRIAN H. CORCORAN , Special Master . On March 31, 2017, Hugh Gose filed a petition seeking compensation under the National Vaccine Injury Compensation Program. 2 ECF No. 1. Petitioner alleged that he suffered from Guillain-Barre Syndrome ("GBS") as a result of receiving the influenza ("flu") vaccination on September 18, 2015. Id. In her Rule 4(c) Report, Respondent acknowledged that Petitioner's claim is compensable as a Table injury u
Summary: Not to be Published RULING FINDING ENTITLEMENT 1 BRIAN H. CORCORAN , Special Master . On March 31, 2017, Hugh Gose filed a petition seeking compensation under the National Vaccine Injury Compensation Program. 2 ECF No. 1. Petitioner alleged that he suffered from Guillain-Barre Syndrome ("GBS") as a result of receiving the influenza ("flu") vaccination on September 18, 2015. Id. In her Rule 4(c) Report, Respondent acknowledged that Petitioner's claim is compensable as a Table injury un..
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Not to be Published
RULING FINDING ENTITLEMENT1
BRIAN H. CORCORAN, Special Master.
On March 31, 2017, Hugh Gose filed a petition seeking compensation under the National Vaccine Injury Compensation Program.2 ECF No. 1. Petitioner alleged that he suffered from Guillain-Barre Syndrome ("GBS") as a result of receiving the influenza ("flu") vaccination on September 18, 2015. Id.
In her Rule 4(c) Report, Respondent acknowledged that Petitioner's claim is compensable as a Table injury under the Act. Resp't's Rule 4(c) Report, dated Nov. 15, 2017 (ECF No. 13). 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 5-6. 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. at 5. Respondent therefore concludes that Petitioner is entitled to an award of damages. Id. at 6.
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.
