VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00982 Package ID: USCOURTS-cofc-1_19-vv-00982 Petitioner: Nicole W. Pelly Filed: 2019-07-09 Decided: 2025-08-26 Vaccine: influenza Vaccination date: 2016-10-19 Condition: Guillain-Barré Syndrome Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: 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 field: 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. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00982-0 Date issued/filed: 2025-08-26 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 07/24/2025) regarding 103 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00982-UNJ Document 107 Filed 08/26/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0982V NICOLE W. PELLY, Chief Special Master Corcoran Petitioner, Filed: July 24, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Elizabeth Martin Muldowney, Sands Anderson, PC, Richmond, VA, for Petitioner. Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On July 9, 209, Nicole W. Pelly 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 she developed Guillain-Barré Syndrome (“GBS”) as defined by the Vaccine Injury Table, following administration of an influenza (“flu”) vaccine on October 19, 2016. Petition at 1. In the alternative, petitioner alleged that her GBS was caused-in-fact and by the October 19, 2016, flu vaccination, and/or that the flu vaccination significantly aggravated an underlying condition that resulted in GBS. Id. at 1-2. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 30, 2025, Respondent filed his Rule 4(c) report in which he states that he does not contest that Petitioner is entitled to compensation in this case. Respondent’s 1 Because this Ruling contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Ruling will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Case 1:19-vv-00982-UNJ Document 107 Filed 08/26/25 Page 2 of 2 Rule 4(c) Report at 1. Specifically, Respondent states that he “does not dispute petitioner’s diagnosis of GBS. However, respondent has determined that he no longer wishes to defend against petitioner’s entitlement claim before the Office of Special Masters and requests a ruling on the record regarding petitioner’s entitlement to compensation.” Id. at 7-8. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2