VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01696 Package ID: USCOURTS-cofc-1_23-vv-01696 Petitioner: Brian O'Sullivan Filed: 2023-10-02 Decided: 2025-03-12 Vaccine: influenza Vaccination date: 2020-10-16 Condition: Guillain-Barre syndrome (GBS) Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: Brian O'Sullivan filed his petition on October 2, 2023, alleging that an influenza vaccination administered on October 16, 2020 caused Guillain-Barre syndrome. He alleged that the residual effects of the injury lasted more than six months. O'Sullivan was represented by Leah VaSahnja Durant. Respondent conceded entitlement in a Rule 4(c) report filed on March 11, 2025. The report stated that O'Sullivan satisfied the Vaccine Injury Table and Qualifications and Aids to Interpretation for a flu/GBS Table injury, and that he satisfied all legal prerequisites for compensation under the Vaccine Act. The public entitlement ruling does not describe O'Sullivan's first neurologic symptom, exact onset day, weakness pattern, reflex findings, hospitalization, cerebrospinal fluid testing, EMG or nerve conduction results, IVIG or plasma exchange treatment, rehabilitation, or remaining limitations. It also does not provide expert analysis or a detailed biological mechanism. The publicly available story is therefore limited to the conceded Table finding that his GBS followed flu vaccination within the Program's compensable framework. Chief Special Master Brian H. Corcoran found O'Sullivan entitled to compensation on March 12, 2025. Damages had not yet been awarded in the staged public text. Theory of causation field: Influenza vaccine on October 16, 2020 causing Guillain-Barre syndrome (GBS). ENTITLEMENT GRANTED; damages pending in staged public record. Respondent conceded flu/GBS Table and QAI criteria and all legal prerequisites. Public ruling provides no onset day, neurologic testing, treatment, rehabilitation, experts, literature, or mechanism beyond Table GBS. Chief Special Master Brian H. Corcoran, entitlement decision March 12, 2025. Petition filed October 2, 2023. Attorney: Leah VaSahnja Durant. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-01696-0 Date issued/filed: 2025-04-14 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 03/12/2025) regarding 25 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01696-UNJ Document 27 Filed 04/14/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1696V BRIAN O’SULLIVAN, Chief Special Master Corcoran Petitioner, Filed: March 12, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On October 2, 2023, Brian O’Sullivan (“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 16, 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 March 11, 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 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-01696-UNJ Document 27 Filed 04/14/25 Page 2 of 2 1, ECF No. 24. 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 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 has satisfied all legal prerequisites for compensation under the Vaccine 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-01696-cl-extra-10844654 Date issued/filed: 2025-04-14 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10378066 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1696V BRIAN O’SULLIVAN, Chief Special Master Corcoran Petitioner, Filed: March 12, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT 1 On October 2, 2023, Brian O’Sullivan (“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 16, 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 March 11, 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 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). 1, ECF No. 24. 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 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 has satisfied all legal prerequisites for compensation under the Vaccine 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