VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01825 Package ID: USCOURTS-cofc-1_23-vv-01825 Petitioner: Eric Romo Filed: 2023-10-17 Decided: 2024-10-15 Vaccine: influenza Vaccination date: 2020-11-10 Condition: Guillain-Barré Syndrome (GBS) Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: On October 17, 2023, Eric Romo filed a Vaccine Program petition after receiving an influenza vaccine on November 10, 2020. In an amended petition, he alleged a demyelinating injury, Guillain-Barre Syndrome, and chronic inflammatory demyelinating polyneuropathy following the flu vaccination. The entitlement ruling focused on the Table GBS claim. Respondent filed a Rule 4(c) report on October 11, 2024 recommending compensation for Romo's GBS following the flu vaccine. Respondent specifically denied that Romo had CIDP and denied that the flu vaccine can cause CIDP, so the recommendation was limited to the flu/GBS Table injury. Respondent stated that Romo satisfied the Vaccine Injury Table and Qualifications and Aids to Interpretation for GBS, that the medical records did not show an alternate cause, and that the severity requirement was met. Special Master Thomas L. Gowen reviewed the record and, on October 15, 2024, found that Romo had established Table GBS and was entitled to compensation. The ruling did not award damages; it directed the case to proceed to the damages phase. Romo was represented by Joseph Pepper of Conway Homer, P.C. Theory of causation field: Influenza vaccine (November 10, 2020) causing Guillain-Barre Syndrome (GBS) as a Table injury; amended petition also alleged demyelinating injury and CIDP. ENTITLEMENT GRANTED, DAMAGES PENDING in available document. Respondent recommended compensation for flu/GBS only, specifically denying CIDP and denying that flu vaccine can cause CIDP. Key evidence cited by respondent: Table/QAI criteria satisfied, no alternate cause in medical records, severity requirement met. Special Master Thomas L. Gowen granted entitlement on October 15, 2024. Attorney: Joseph Pepper, Conway Homer, P.C., Boston, MA. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-01825-0 Date issued/filed: 2024-11-01 Pages: 2 Docket text: PUBLIC RULING (Originally filed: 10/15/2024) regarding 25 Ruling on Entitlement Signed by Special Master Thomas L. Gowen. (hs) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01825-UNJ Document 27 Filed 11/01/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: October 15, 2024 * * * * * * * * * * * * * ERIC ROMO, * * Petitioner, * No. 23-1825V * v. * Special Master Gowen * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * Joseph Pepper, Conway Homer, P.C., Boston, MA, for petitioner. Tyler King, U.S. Department of Justice, Washington, D.C., for respondent. RULING ON ENTITLEMENT1 On October 17, 2023, Eric Romo (“petitioner”), filed a petition for compensation in the National Vaccine Injury Compensation Program (“the Program”).2 Petitioner alleges that he suffered from Guillain-Barré Syndrome (“GBS”) as a result of the influenza vaccine administered to him on November 10, 2020. Amended Petition at Preamble (ECF No. 15). Specifically, petitioner alleges that he suffered a demyelinating injury, GBS, and chronic inflammatory demyelinating polyneuropathy (“CIDP”) a result of the flu vaccine. Id. On October 11, 2024, respondent filed the Rule 4(c) report recommending that compensation be awarded for petitioner’s GBS following administration of the flu vaccine.3 Respondent (“Resp’t”) Report (“Rept.”) (ECF No. 24). Respondent states that petitioner “has 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this unpublished opinion contains a reasoned explanation for the action in this case, I intend to post it on the website of the United States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. Before the opinion is posted on the court’s website, each party has 14 days to file a motion requesting redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). “An objecting party must provide the court with a proposed redacted version” of the opinion. Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the court’s website without any changes. Id. 2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-10 et seq. (hereinafter “Vaccine Act” or “the Act”). Hereafter, individual section references will be to 42 U.S.C. § 300aa of the Act. 3 Respondent specifically denies that petitioner had CIDP and that the flu vaccine can cause CIDP. The recommendation for compensation is based solely upon petitioner’s Table flu/GBS claim. Resp’t Rept., n. 1. Case 1:23-vv-01825-UNJ Document 27 Filed 11/01/24 Page 2 of 2 satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”) for GBS as a result of the flu vaccine.” Id. at 7; see also 42 C.F.R. § 100.3(a)(XIV)(D), (c)(15). Additionally, petitioner’s medical records do not contain any evidence of an alternate cause for petitioner’s condition and his records demonstrate that he has met the severity criteria outlined in §300aa—11(c)(1)(D). A special master may determine whether a petitioner is entitled to compensation based upon the record. A hearing is not required 42 U.S.C. § 13; Vaccine Rule 8(d). In light of respondent’s recommendation and my own review of the record, petitioner has established that he has suffered a Table GBS, and is entitled to compensation. This matter shall now proceed to the damages phase. IT IS SO ORDERED. s/ Thomas L. Gowen Thomas L. Gowen Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_23-vv-01825-cl-extra-10733824 Date issued/filed: 2024-11-01 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10267234 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: October 15, 2024 * * * * * * * * * * * * * ERIC ROMO, * * Petitioner, * No. 23-1825V * v. * Special Master Gowen * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * Joseph Pepper, Conway Homer, P.C., Boston, MA, for petitioner. Tyler King, U.S. Department of Justice, Washington, D.C., for respondent. RULING ON ENTITLEMENT1 On October 17, 2023, Eric Romo (“petitioner”), filed a petition for compensation in the National Vaccine Injury Compensation Program (“the Program”).2 Petitioner alleges that he suffered from Guillain-Barré Syndrome (“GBS”) as a result of the influenza vaccine administered to him on November 10, 2020. Amended Petition at Preamble (ECF No. 15). Specifically, petitioner alleges that he suffered a demyelinating injury, GBS, and chronic inflammatory demyelinating polyneuropathy (“CIDP”) a result of the flu vaccine. Id. On October 11, 2024, respondent filed the Rule 4(c) report recommending that compensation be awarded for petitioner’s GBS following administration of the flu vaccine.3 Respondent (“Resp’t”) Report (“Rept.”) (ECF No. 24). Respondent states that petitioner “has 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this unpublished opinion contains a reasoned explanation for the action in this case, I intend to post it on the website of the United States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. Before the opinion is posted on the court’s website, each party has 14 days to file a motion requesting redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). “An objecting party must provide the court with a proposed redacted version” of the opinion. Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the court’s website without any changes. Id. 2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-10 et seq. (hereinafter “Vaccine Act” or “the Act”). Hereafter, individual section references will be to 42 U.S.C. § 300aa of the Act. 3 Respondent specifically denies that petitioner had CIDP and that the flu vaccine can cause CIDP. The recommendation for compensation is based solely upon petitioner’s Table flu/GBS claim. Resp’t Rept., n. 1. satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”) for GBS as a result of the flu vaccine.” Id. at 7; see also 42 C.F.R. § 100.3(a)(XIV)(D), (c)(15). Additionally, petitioner’s medical records do not contain any evidence of an alternate cause for petitioner’s condition and his records demonstrate that he has met the severity criteria outlined in §300aa—11(c)(1)(D). A special master may determine whether a petitioner is entitled to compensation based upon the record. A hearing is not required 42 U.S.C. § 13; Vaccine Rule 8(d). In light of respondent’s recommendation and my own review of the record, petitioner has established that he has suffered a Table GBS, and is entitled to compensation. This matter shall now proceed to the damages phase. IT IS SO ORDERED. s/ Thomas L. Gowen Thomas L. Gowen Special Master 2