VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00586
Package ID: USCOURTS-cofc-1_23-vv-00586
Petitioner: Christopher Derr
Filed: 2023-04-26
Decided: 2024-06-14
Vaccine: influenza
Vaccination date: 2021-09-27
Condition: Guillain-Barré syndrome
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
Christopher Derr filed a petition for compensation under the National Vaccine Injury Compensation Program on April 26, 2023. He alleged that he suffered from Guillain-Barré syndrome (GBS) as a result of receiving an influenza vaccination on September 27, 2021, and that he experienced residual effects from the injury for more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on May 10, 2024, conceding that Mr. Derr is entitled to compensation. The respondent specifically stated that the records established the requirements for a flu/GBS Table injury, citing relevant regulations, and agreed that the petitioner is entitled to compensation under the Act. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran found that Mr. Derr is entitled to compensation. The case is proceeding to determine the amount of damages. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and Respondent was represented by Mary Novakovic of the U.S. Department of Justice. The decision on entitlement was issued on June 14, 2024.

Theory of causation field:
Petitioner Christopher Derr alleged Guillain-Barré syndrome (GBS) following an influenza vaccination on September 27, 2021, with residual effects lasting over six months. The respondent conceded entitlement, stating that the records met the requirements for a flu/GBS Table injury as defined in 42 C.F.R. § 100.3(a)(XIV)(D) and 42 C.F.R. §100.3(c)(15). Chief Special Master Brian H. Corcoran issued a ruling on entitlement on June 14, 2024, finding Petitioner entitled to compensation based on the respondent's concession and the evidence of record. The case is pending determination of damages. Petitioner counsel was Leah VaSahnja Durant, and Respondent counsel was Mary Novakovic.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00586-0
Date issued/filed: 2024-06-14
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/13/2024) regarding 19 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:23-vv-00586-UNJ Document 21 Filed 06/14/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-586V
CHRISTOPHER DERR, Chief Special Master Corcoran
Petitioner, Filed: May 13, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Mary Novakovic, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 26, 2023, Christopher Derr (“Petitioner”) 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-Barré syndrome
(“GBS”) as a result of receiving an influenza (“flu”) vaccination on September 27, 2021.
Pet., ECF No. 1. Petitioner further alleges that he suffered the residual effects of his injury
for more than six months. Id. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On May 10, 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,
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-00586-UNJ Document 21 Filed 06/14/24 Page 2 of 2
ECF No. 17. Specifically, Respondent indicated that Petitioner’s “records establish the
requirements set forth in the Qualifications and Aids to Interpretation for a flu/GBS Table
injury.” Id. at 5 (citing 42 C.F.R. § 100.3(a)(XIV)(D); 42 C.F.R. §100.3(c)(15)). Respondent
agrees that Petitioner “is entitled to 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