Filed: May 11, 2018
Latest Update: May 11, 2018
Summary: RULING ON ENTITLEMENT 1 HERBRINA D. SANDERS , Special Master . On December 9, 2015, Phyllis Weir ("Petitioner") filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. 300aa-10 to -34 (2012). Petitioner alleged that the seasonal influenza vaccine she received on February 16, 2013 caused her to develop "Guillain-Barr Syndrome ("GBS") and/or other neurologic and physical impairments and other injuries." Pet. at 1, ECF No. 1. Petitione
Summary: RULING ON ENTITLEMENT 1 HERBRINA D. SANDERS , Special Master . On December 9, 2015, Phyllis Weir ("Petitioner") filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. 300aa-10 to -34 (2012). Petitioner alleged that the seasonal influenza vaccine she received on February 16, 2013 caused her to develop "Guillain-Barr Syndrome ("GBS") and/or other neurologic and physical impairments and other injuries." Pet. at 1, ECF No. 1. Petitioner..
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RULING ON ENTITLEMENT1
HERBRINA D. SANDERS, Special Master.
On December 9, 2015, Phyllis Weir ("Petitioner") filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34 (2012). Petitioner alleged that the seasonal influenza vaccine she received on February 16, 2013 caused her to develop "Guillain-Barré Syndrome ("GBS") and/or other neurologic and physical impairments and other injuries." Pet. at 1, ECF No. 1. Petitioner further alleged that she experienced residual effects of her injury for more than six months. Id. at 8.
On May 10, 2018, Respondent filed his Rule 4(c) Report. ECF No. 48. In his report, Respondent states that he "does not contest entitlement in this matter." 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 ("QAI")." Id. at 3. Respondent further states that "[a]lthough the revised Table only governs petitions filed on or after the effective date of the final rule, the evidence shows that [P]etitioner suffered GBS following the administration of an influenza vaccine, and that the onset of the condition occurred within the time period specified in the Table. Recognizing that [P]etitioner may re-file this petition and be afforded a presumption of causation under the revised Table . . ., [R]espondent will not contest entitlement to compensation in this case." Id.
In light of Respondent's position and the evidence of record, the undersigned finds that Petitioner is entitled to compensation. In accordance with the undersigned's May 3, 2018 Order, the parties shall file information on damages no later than May 16, 2018.
IT IS SO ORDERED.
