VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01629 Package ID: USCOURTS-cofc-1_22-vv-01629 Petitioner: Daniel Lenehan Filed: 2022-11-01 Decided: 2024-09-16 Vaccine: influenza Vaccination date: 2020-11-20 Condition: Guillain-Barre Syndrome Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: Daniel Lenehan filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered from Guillain-Barre Syndrome (GBS) following an influenza vaccination he received on November 20, 2020. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Lenehan is entitled to compensation. The respondent agreed that Mr. Lenehan met the criteria set forth in the Vaccine Injury Table, which provides a presumption of causation for GBS occurring between three and forty-two days after a seasonal flu vaccination, provided there is no apparent alternative cause. The respondent further confirmed that Mr. Lenehan satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, the Chief Special Master found that Mr. Lenehan is entitled to compensation. The case is proceeding to determine the award amount. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-01629-0 Date issued/filed: 2024-09-16 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 08/09/2024) regarding 31 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01629-UNJ Document 35 Filed 09/16/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1629V DANIEL LENEHAN, Chief Special Master Corcoran Petitioner, Filed: August 9, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Sara J. Watkins, Robert Peirce & Associates, P.C., Pittsburgh, PA, for Petitioner. Lynn Christina Schlie, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On November 1, 2022, Daniel Lenehan 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 from Guillain-Barre Syndrome (“GBS”) following an influenza vaccination he received on November 20, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 8, 2024, 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. Respondent states that “Petitioner has satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”), which afford a petitioner a presumption of causation if the onset of GBS occurs between three 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 1:22-vv-01629-UNJ Document 35 Filed 09/16/24 Page 2 of 2 and forty-two days after a seasonal flu vaccination, and there is no apparent alternative cause.” Id. at 6. Respondent further agrees that “Petitioner has satisfied all legal prerequisites for compensation under the Act.” 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_22-vv-01629-cl-extra-10734231 Date issued/filed: 2024-09-16 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10267641 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1629V DANIEL LENEHAN, Chief Special Master Corcoran Petitioner, Filed: August 9, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Sara J. Watkins, Robert Peirce & Associates, P.C., Pittsburgh, PA, for Petitioner. Lynn Christina Schlie, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT 1 On November 1, 2022, Daniel Lenehan 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 from Guillain-Barre Syndrome (“GBS”) following an influenza vaccination he received on November 20, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 8, 2024, 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. Respondent states that “Petitioner has satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”), which afford a petitioner a presumption of causation if the onset of GBS occurs between three 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). and forty-two days after a seasonal flu vaccination, and there is no apparent alternative cause.” Id. at 6. Respondent further agrees that “Petitioner has satisfied all legal prerequisites for compensation under the Act.” 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