Filed: Oct. 15, 2019
Latest Update: Oct. 15, 2019
Summary: UNPUBLISHED RULING ON ENTITLEMENT 1 BRIAN H. CORCORAN , Chief Special Master . On October 5, 2018, 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 suffered Guillain-Barr Syndrome (GBS) as a result of receiving the flu vaccination, or in the alternative, as a result of the combination of his flu vaccination the pneumococcal conjugate vaccine PCV 13 Prevn
Summary: UNPUBLISHED RULING ON ENTITLEMENT 1 BRIAN H. CORCORAN , Chief Special Master . On October 5, 2018, 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 suffered Guillain-Barr Syndrome (GBS) as a result of receiving the flu vaccination, or in the alternative, as a result of the combination of his flu vaccination the pneumococcal conjugate vaccine PCV 13 Prevna..
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UNPUBLISHED
RULING ON ENTITLEMENT1
BRIAN H. CORCORAN, Chief Special Master.
On October 5, 2018, 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 suffered Guillain-Barré Syndrome (GBS) as a result of receiving the flu vaccination, or in the alternative, as a result of the combination of his flu vaccination the pneumococcal conjugate vaccine PCV 13 Prevnar, on October 9, 2015. Petition at 1, ¶ 1. Petitioner further alleges that he received the vaccination in the United States, that he suffered the residual effects of his GBS for more than six months, and that neither he nor any other party has filed a civil action or received compensation for his GBS. Id. at ¶¶ 3, 14. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On October 8, 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 indicates "it is [his] position 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 onset of GBS occurs between three and forty-two days after a seasonal flu vaccination and there is no apparent alternative cause." Id. at 8 (citing 42 C.F.R. §§ 100.3(a)(XIV)(D), 100.3(c)(15)). Respondent further explained that "[w]hile the petition additionally alleges a potential relationship between the `total combined' Prevnar 13/flu vaccines and GBS (Prevnar 13 is not on the Table for GBS), as causation is established on the Table regarding the flu vaccine, there is no need for further discussion on that portion of the claim." 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.
