VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00518 Package ID: USCOURTS-cofc-1_22-vv-00518 Petitioner: Joan Kresl Filed: 2023-03-27 Decided: 2023-04-27 Vaccine: influenza Vaccination date: 2020-10-28 Condition: Guillain-Barré syndrome Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: Joan Kresl filed a petition for compensation under the National Vaccine Injury Compensation Program on March 27, 2023, alleging that she suffered from Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on October 28, 2020. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on March 23, 2023, conceding that Ms. Kresl is entitled to compensation. The respondent agreed that Ms. Kresl satisfied the criteria set forth in the revised Vaccine Injury Table and the Qualifications and Aids to Interpretation, and that the statutory six-month sequelae requirement had been met. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran ruled on April 27, 2023, that Ms. Kresl is entitled to compensation. The case was proceeding to determine the amount of damages. The public decision does not describe the petitioner's counsel, respondent's counsel, specific clinical details of the alleged injury, or any expert testimony. Theory of causation field: Petitioner Joan Kresl alleged Guillain-Barré syndrome (GBS) following an influenza vaccine administered on October 28, 2020. The respondent conceded entitlement, agreeing that the criteria of the revised Vaccine Injury Table and the Qualifications and Aids to Interpretation were met, and that the six-month sequelae requirement was satisfied. The theory of causation is based on the Vaccine Injury Table. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on April 27, 2023, finding entitlement based on the respondent's concession. The public text does not name petitioner's counsel, respondent's counsel, or any experts, nor does it detail the mechanism of injury or award specifics beyond entitlement granted pending damages. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-00518-0 Date issued/filed: 2023-04-27 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 03/27/2023) regarding 20 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-00518-UNJ Document 24 Filed 04/27/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-0518V UNPUBLISHED JOAN KRESL, Chief Special Master Corcoran Petitioner, Filed: March 27, 2023 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine; Guillain-Barre Syndrome (GBS) Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On May 11, 2022, Joan Kresl 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 suffered from Guillain-Barré syndrome as a result of an influenza (“flu”) vaccine that was administered on October 28, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 23, 2023, 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 states that “[P]etitioner has satisfied the criteria set forth in the revised Vaccine Injury Table (Table) and the Qualifications and Aids to Interpretation.” 1 Because this unpublished Ruling contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (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 (2012). Case 1:22-vv-00518-UNJ Document 24 Filed 04/27/23 Page 2 of 2 Id. at 3. Respondent further agrees that “the statutory six month sequelae requirement has been satisfied.” Id. 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