VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01517 Package ID: USCOURTS-cofc-1_23-vv-01517 Petitioner: Gary Kastler Filed: 2023-09-01 Decided: 2025-05-02 Vaccine: influenza Vaccination date: 2020-10-01 Condition: Guillain-Barre syndrome (GBS) Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: On September 1, 2023, Gary Kastler filed a petition alleging that an influenza vaccination administered on October 1, 2020 caused Guillain-Barre syndrome. He alleged that the residual effects lasted for more than six months. Respondent conceded entitlement in a Rule 4(c) report filed April 29, 2025, agreeing that Mr. Kastler satisfied the Vaccine Injury Table and the Qualifications and Aids to Interpretation for a flu-GBS claim. Chief Special Master Corcoran granted entitlement on May 2, 2025. The public ruling is limited. It does not describe Mr. Kastler's first neurologic symptom, onset interval beyond the Table framework, emergency care, hospitalization, diagnostic testing, treatment, rehabilitation, or expert opinions. No damages decision or vaccine-injury compensation award was present in the public text reviewed for this update, so the case remains at entitlement granted with damages pending. Theory of causation field: Adult petitioner; influenza vaccine October 1, 2020; Table GBS. ENTITLEMENT GRANTED, damages pending. Respondent conceded the Table/QAI criteria for GBS after flu vaccination. Public text lacks detailed symptom onset, treatment, testing, and experts. Chief SM Corcoran decision May 2, 2025. Petition filed September 1, 2023. No injury award in reviewed public text. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-01517-0 Date issued/filed: 2025-06-02 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 05/02/2025) regarding 47 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01517-UNJ Document 50 Filed 06/02/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1517V GARY KASTLER, Chief Special Master Corcoran Petitioner, Filed: May 2, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Catherine Wallace Costigan, Maglio, Christoper & Toale, Washington, DC, for Petitioner. Tyler King, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On September 1, 2023, Gary Kastler (“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 October 1, 2020. 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 April 29, 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, 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-01517-UNJ Document 50 Filed 06/02/25 Page 2 of 2 ECF No. 44. Specifically, Respondent indicated that Petitioner has satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for a GBS claim. Id. at 4. Respondent does not dispute 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_23-vv-01517-cl-extra-11063217 Date issued/filed: 2025-06-02 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10596629 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1517V GARY KASTLER, Chief Special Master Corcoran Petitioner, Filed: May 2, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Catherine Wallace Costigan, Maglio, Christoper & Toale, Washington, DC, for Petitioner. Tyler King, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT 1 On September 1, 2023, Gary Kastler (“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 October 1, 2020. 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 April 29, 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, 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). ECF No. 44. Specifically, Respondent indicated that Petitioner has satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for a GBS claim. Id. at 4. Respondent does not dispute 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