VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00183 Package ID: USCOURTS-cofc-1_23-vv-00183 Petitioner: Aiman Al-Hiyari Filed: 2024-02-09 Decided: 2024-04-01 Vaccine: influenza Vaccination date: 2020-11-14 Condition: Guillain-Barré Syndrome Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: Aiman Al-Hiyari filed a petition for compensation under the National Vaccine Injury Compensation Program on February 9, 2023, alleging he suffered Guillain-Barré Syndrome (GBS) after receiving an influenza vaccination on November 14, 2020. He stated the vaccination was administered in the United States, his symptoms persisted for over six months, and he had not received prior compensation or filed a civil action. The case was assigned to the Special Processing Unit. Respondent conceded that Petitioner was entitled to compensation, determining that his GBS met the criteria set forth in the Vaccine Injury Table, with onset between three and forty-two days after the vaccination and no apparent alternative cause. Respondent also agreed that damages should be limited to GBS and its related sequelae. Based on the Respondent's concession and the evidence, the Chief Special Master found Petitioner entitled to compensation, with the damages decision to follow. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-00183-0 Date issued/filed: 2024-04-01 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 02/29/2024) regarding 18 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-00183-UNJ Document 22 Filed 04/01/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-183V AIMAN AL-HIYARI, Chief Special Master Corcoran Petitioner, Filed: February 29, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Matthew F. Belanger, Faraci Lange LLP, Rochester, NY, for Petitioner. Joseph Douglas Leavitt, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On February 9, 2023, Aiman Al-Hiyari 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”) after receiving an influenza (“flu”) vaccination on November 14, 2020. Petition at 1. Petitioner further alleges that the vaccination was administered within the United States, his symptoms have persisted longer than six months, and that he has never received compensation in the form of an award or nor filed a civil action for his vaccine-related injuries. Petition at 1, 6. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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 1:23-vv-00183-UNJ Document 22 Filed 04/01/24 Page 2 of 2 On November 29, 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 determined that “the petitioner has satisfied the criteria set forth in the Vaccine Injury Table (‘Table’) and the Qualifications and Aids to Interpretation (‘QAI), which afford [P]etitioner a presumption of causation if the onset of GBS occurs between three and forty-two days after a seasonal influenza vaccination and there is no apparent alternative cause.” Id. at 5-6. Respondent further agrees that the scope of damages to be awarded is limited to Petitioner’s GBS and its related sequelae only. 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