VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00200
Package ID: USCOURTS-cofc-1_23-vv-00200
Petitioner: A.B.
Filed: 2024-06-14
Decided: 2024-07-19
Vaccine: influenza
Vaccination date: 2021-09-23
Condition: Guillain-Barre Syndrome
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
Lindsay Anderson, as mother and natural guardian of minor child A.B., filed a petition on June 14, 2024, seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that A.B. suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on September 23, 2021. It was further alleged that A.B. experienced residual effects for more than six months, and that no prior award or settlement had been made. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 11, 2024, conceding that the petitioner is entitled to compensation. The respondent's medical personnel reviewed the petition and medical records and determined that A.B. satisfied the criteria set forth in the Vaccine Injury Table and its Qualifications and Aids to Interpretation. This affords a presumption of causation for GBS if onset occurs between three and forty-two days after a seasonal flu vaccination, with no apparent alternative cause. Based on the respondent's concession and the evidence, Chief Special Master Brian H. Corcoran found that A.B. is entitled to compensation. The case is proceeding to determine the award amount. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Neil Bhargava of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses.

Theory of causation field:
Petitioner Lindsay Anderson, on behalf of minor A.B., alleged Guillain-Barre Syndrome (GBS) resulting from an influenza vaccine administered on September 23, 2021. The respondent conceded entitlement, stating that medical personnel reviewed the petition and records and determined that A.B. satisfied the criteria in the Vaccine Injury Table and Qualifications and Aids to Interpretation, which create a presumption of causation for GBS if onset occurs between three and forty-two days after a seasonal flu vaccination and there is no apparent alternative cause. Chief Special Master Brian H. Corcoran issued a ruling on July 19, 2024, finding entitlement based on the respondent's concession. The case is proceeding to determine the award amount. Petitioner counsel was Leah VaSahnja Durant, and respondent counsel was Neil Bhargava. The public text does not specify the mechanism of injury or name any experts.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00200-0
Date issued/filed: 2024-07-19
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/14/2024) regarding 22 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:23-vv-00200-UNJ Document 25 Filed 07/19/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-200V
LINDSAY ANDERSON, as Chief Special Master Corcoran
Mother and Natural Guardian
of minor child, A.B, Filed: June 14, 2024
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Neil Bhargava, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 13, 2023, Lindsay Anderson filed a petition for compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”), on behalf of her minor child, A.B. Petitioner alleges that A.B. suffered the
Vaccine Injury Table injury of Guillain-Barre Syndrome (“GBS”) as a result of an influenza
(“flu”) vaccine administered on September 23, 2021. Petition at 1. Petitioner further
alleges that A.B. suffered the residual effects of the injury for more than six months, and
that there has been no prior award or settlement of a civil action on A.B.’s behalf as a
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-00200-UNJ Document 25 Filed 07/19/24 Page 2 of 2
result of the injury. See Petition at ¶¶ 10-11. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On June 11, 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.
Specifically, Respondent states that
[m]edical personnel at the Division of Injury Compensation Programs,
Department of Health and Human Services (DICP), have reviewed the
petition and medical records filed in the case. It is respondent’s position that
petitioner, who is proceeding on behalf of A.B., has satisfied the criteria set
forth in the Vaccine Injury Table (Table) and the Qualifications and Aids to
Interpretation (QAI), which afford a presumption of causation if the onset of
GBS occurs between three and forty-two days after a seasonal flu
vaccination and there is no apparent alternative cause.
Id. at 12 (citing 42 C.F.R. § 100.3 (a)(XIV)(D), (c)(15)).
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
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