VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01751 Package ID: USCOURTS-cofc-1_23-vv-01751 Petitioner: Erik Ossenfort Filed: 2023-10-06 Decided: 2024-10-18 Vaccine: influenza Vaccination date: 2020-11-18 Condition: Guillain-Barré syndrome Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: Erik Ossenfort filed a petition for compensation under the National Vaccine Injury Compensation Program on October 6, 2023, alleging that he suffered from Guillain-Barré syndrome (GBS) as a result of receiving an influenza vaccination on November 18, 2020. He further alleged that he suffered residual effects for more than six months. The respondent filed a Rule 4(c) report on September 16, 2024, conceding that Mr. Ossenfort is entitled to compensation. The respondent stated that Mr. Ossenfort satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for GBS following the administration of a seasonal flu vaccination, and agreed that Mr. Ossenfort met all legal prerequisites for compensation. Chief Special Master Brian H. Corcoran found that Mr. Ossenfort is entitled to compensation, and the case is proceeding to determine damages. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses. Petitioner counsel was Leah VaSahnja Durant, and respondent counsel was Margaret Armstrong. Theory of causation field: Petitioner Erik Ossenfort received an influenza vaccination on November 18, 2020, and subsequently alleged Guillain-Barré syndrome (GBS) with residual effects lasting more than six months. The respondent conceded entitlement, agreeing that Petitioner satisfied the criteria in the Vaccine Injury Table and Qualifications and Aids to Interpretation for GBS following a seasonal flu vaccination. The Special Master found Petitioner entitled to compensation. The public text does not detail the specific mechanism of injury, expert testimony, or the breakdown of damages. Petitioner counsel was Leah VaSahnja Durant, and respondent counsel was Margaret Armstrong. Chief Special Master Brian H. Corcoran issued the ruling on entitlement on September 17, 2024. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-01751-0 Date issued/filed: 2024-10-18 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 09/17/2024) regarding 19 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01751-UNJ Document 21 Filed 10/18/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1751V ERIK OSSENFORT, Chief Special Master Corcoran Petitioner, Filed: September 17, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Margaret Armstrong, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On October 6, 2023, Erik Ossenfort (“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 November 18, 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 September 16, 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) 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-01751-UNJ Document 21 Filed 10/18/24 Page 2 of 2 Report at 1, ECF No. 18. Specifically, Respondent indicated that Petitioner “has satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation” for GBS following the intramuscular administration of a seasonal flu vaccination. Id. at 13-14 (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-01751-cl-extra-10733960 Date issued/filed: 2024-10-18 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10267370 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1751V ERIK OSSENFORT, Chief Special Master Corcoran Petitioner, Filed: September 17, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Margaret Armstrong, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT 1 On October 6, 2023, Erik Ossenfort (“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 November 18, 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 September 16, 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) 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). Report at 1, ECF No. 18. Specifically, Respondent indicated that Petitioner “has satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation” for GBS following the intramuscular administration of a seasonal flu vaccination. Id. at 13-14 (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