VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00269 Package ID: USCOURTS-cofc-1_23-vv-00269 Petitioner: Dari Matilsky Filed: 2025-06-16 Decided: 2025-07-16 Vaccine: influenza Vaccination date: 2020-02-27 Condition: Guillain-Barré syndrome Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: Dari Matilsky filed a petition for compensation under the National Vaccine Injury Compensation Program on June 16, 2025. She alleged that she suffered Guillain-Barré syndrome (GBS) following an influenza vaccine administered on February 27, 2020. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Matilsky's claim satisfies the Table criteria for GBS following receipt of a seasonal flu vaccine. The respondent also agreed that Ms. Matilsky met all legal prerequisites for compensation. Based on the respondent's concession and the evidence, Chief Special Master Brian H. Corcoran ruled that Ms. Matilsky is entitled to compensation. The case is proceeding to determine the award amount. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses. Petitioner was represented by Jessica E. Choper of Britcher Leone & Sergio, L.L.C., and Respondent was represented by Sara DeStefano of the U.S. Department of Justice. Theory of causation field: Petitioner Dari Matilsky alleged Guillain-Barré syndrome (GBS) following an influenza vaccine administered on February 27, 2020. The respondent conceded that the claim satisfies the Vaccine Injury Table criteria for GBS following a seasonal flu vaccine and that all legal prerequisites for compensation were met. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on July 16, 2025, finding Petitioner entitled to compensation. The case is proceeding to determine the award amount. The public decision does not specify the mechanism of causation or name any experts. Petitioner's counsel was Jessica E. Choper, and Respondent's counsel was Sara DeStefano. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-00269-0 Date issued/filed: 2025-07-16 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 06/16/2025) regarding 56 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-00269-UNJ Document 63 Filed 07/16/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-0269V DARI MATILSKY, Chief Special Master Corcoran Petitioner, v. Filed: June 16, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jessica E. Choper, Britcher Leone & Sergio, L.L.C., Glen Rock, NJ, for Petitioner. Sara DeStefano, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On February 23, 2023, Dari Matilsky 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 the Vaccine Injury Table of Guillain- Barré syndrome (“GBS”) that developed following an influenza (“flu”) vaccine administered on February 27, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On June 13, 2025, 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 agrees that Petitioner’s claim satisfies the Table criteria for GBS following receipt of a seasonal flu vaccine. Id. at 5 (citing 42 C.F.R. §§ 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-00269-UNJ Document 63 Filed 07/16/25 Page 2 of 2 100.3(a)(XIV)(D), (c)(15). Respondent also agrees that Petitioner has satisfied all legal prerequisites for compensation under the Act. Id. (internal citations omitted). 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