VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01908 Package ID: USCOURTS-cofc-1_23-vv-01908 Petitioner: Jeffery N. Burkhart Filed: 2024-09-10 Decided: 2024-10-15 Vaccine: influenza Vaccination date: 2022-10-18 Condition: Guillain-Barré syndrome Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: Jeffery N. Burkhart filed a petition for compensation under the National Vaccine Injury Compensation Program on September 10, 2024, alleging he suffered from Guillain-Barré syndrome (GBS) as a result of receiving an influenza vaccination on October 18, 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. Burkhart is entitled to compensation. The respondent indicated that Mr. Burkhart 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. The respondent did not dispute that Mr. Burkhart met all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, the Chief Special Master found that Mr. Burkhart is entitled to compensation. A decision on damages is pending. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-01908-0 Date issued/filed: 2024-10-15 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 09/10/2024) regarding 27 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01908-UNJ Document 28 Filed 10/15/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1908V JEFFERY N. BURKHART, Chief Special Master Corcoran Petitioner, Filed: September 10, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. William Bliss Hicky, Thompson Burton, PLLC, Nashville TN, for Petitioner. Michael Joseph Lang, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On October 27, 2023, Jeffery N. Burkhart (“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 18, 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 September 9, 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-01908-UNJ Document 28 Filed 10/15/24 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 5 (citing 42 C.F.R. § 100.3(a)(XIV)(D); 42 C.F.R. §100.3(c)(15)). Respondent does not dispute that Petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act. 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-01908-cl-extra-10734009 Date issued/filed: 2024-10-15 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10267419 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1908V JEFFERY N. BURKHART, Chief Special Master Corcoran Petitioner, Filed: September 10, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. William Bliss Hicky, Thompson Burton, PLLC, Nashville TN, for Petitioner. Michael Joseph Lang, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT 1 On October 27, 2023, Jeffery N. Burkhart (“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 18, 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 September 9, 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 5 (citing 42 C.F.R. § 100.3(a)(XIV)(D); 42 C.F.R. §100.3(c)(15)). Respondent does not dispute that Petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act. 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