Nicole W. Pelly v. HHS - Influenza, Guillain-Barré Syndrome (2025)
Case summary [AI summaries can sometimes make mistakes]
Nicole W. Pelly filed a petition for compensation under the National Vaccine Injury Compensation Program on July 9, 2019, alleging that she developed Guillain-Barré Syndrome (GBS) following an influenza vaccine administered on October 19, 2016.
Petitioner alternatively alleged that the flu vaccination caused her GBS in fact or significantly aggravated an underlying condition that resulted in GBS. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on May 30, 2025, stating that he did not contest Petitioner's diagnosis of GBS and no longer wished to defend against her entitlement claim.
Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran found that Petitioner is entitled to compensation.
The case was granted entitlement and is pending a decision on damages. Petitioner was represented by Elizabeth Martin Muldowney of Sands Anderson, PC, and Respondent was represented by Debra A.
Filteau Begley of the U.S. Department of Justice.
The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert witnesses.
Theory of causation
Petitioner Nicole W. Pelly alleged entitlement to compensation under the National Vaccine Injury Compensation Program for Guillain-Barré Syndrome (GBS) following an influenza vaccine administered on October 19, 2016. Petitioner alleged that the GBS was either a condition listed in the Vaccine Injury Table or was caused-in-fact by the vaccine, or that the vaccine significantly aggravated an underlying condition resulting in GBS. The respondent, Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Petitioner was entitled to compensation, stating he did not dispute the GBS diagnosis and no longer wished to defend the entitlement claim. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on August 26, 2025, finding Petitioner entitled to compensation based on the respondent's concession and the record. The case is pending a decision on damages. Petitioner's counsel was Elizabeth Martin Muldowney, and Respondent's counsel was Debra A. Filteau Begley. The public text does not specify the mechanism of injury or name any experts.
Source PDFs
USCOURTS-cofc-1_19-vv-00982