VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01906 Package ID: USCOURTS-cofc-1_23-vv-01906 Petitioner: Robert Horne Filed: 2023-10-27 Decided: 2024-09-12 Vaccine: influenza Vaccination date: 2022-10-26 Condition: Guillain-Barré syndrome Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: Robert Horne filed a petition for compensation under the National Vaccine Injury Compensation Program on October 27, 2023, alleging that he suffered from Guillain-Barré syndrome (GBS) as a result of receiving an influenza vaccination on October 26, 2022. He further alleged that he suffered residual effects for more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Horne is entitled to compensation. The respondent agreed that Mr. Horne 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. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran found that Mr. Horne is entitled to compensation. The case is proceeding to determine the award amount. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses. Petitioner counsel was Jimmy A. Zgheib of Zgheib Sayad, P.C. Respondent counsel was Madylan Louise Yarc of the U.S. Department of Justice. Theory of causation field: Petitioner Robert Horne received an influenza vaccination on October 26, 2022, and subsequently alleged Guillain-Barré syndrome (GBS) with residual effects lasting more than six months. The respondent conceded entitlement, agreeing that Petitioner met the criteria in the Vaccine Injury Table and Qualifications and Aids to Interpretation for GBS following seasonal flu vaccination. The public text does not specify the mechanism of injury, expert testimony, or detailed clinical findings. The case was decided by Chief Special Master Brian H. Corcoran on August 13, 2024, with entitlement granted pending damages. Petitioner counsel was Jimmy A. Zgheib, and respondent counsel was Madylan Louise Yarc. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-01906-0 Date issued/filed: 2024-09-12 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 08/13/2024) regarding 27 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01906-UNJ Document 29 Filed 09/12/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1906V ROBERT HORNE, Chief Special Master Corcoran Petitioner, Filed: August 13, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner. Madylan Louise Yarc, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On October 27, 2023, Robert Horne (“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 26, 2022. 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 August 12, 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, ECF No. 26. Specifically, Respondent indicated that Petitioner “has satisfied the criteria 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-01906-UNJ Document 29 Filed 09/12/24 Page 2 of 2 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 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-01906-cl-extra-10734250 Date issued/filed: 2024-09-12 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10267660 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1906V ROBERT HORNE, Chief Special Master Corcoran Petitioner, Filed: August 13, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner. Madylan Louise Yarc, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT 1 On October 27, 2023, Robert Horne (“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 26, 2022. 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 August 12, 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, ECF No. 26. Specifically, Respondent indicated that Petitioner “has satisfied the criteria 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). 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 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