VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00194 Package ID: USCOURTS-cofc-1_24-vv-00194 Petitioner: William Brimmer, II Filed: 2024-10-28 Decided: 2024-11-27 Vaccine: influenza Vaccination date: 2022-10-21 Condition: Guillain-Barré syndrome Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: William Brimmer, II filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that he suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine he received on October 21, 2022. The petition stated that the vaccine was administered in the United States, his injury lasted longer than six months, and he had not previously received compensation for this injury. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Brimmer is entitled to compensation. The respondent agreed that Mr. Brimmer suffered GBS following a flu vaccine within the Table time period and that there was no evidence of an unrelated cause. The respondent also agreed that the claim met the statutory severity requirement as the sequelae of GBS lasted more than six months and that Mr. Brimmer satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence, the Chief Special Master found that Mr. Brimmer is entitled to compensation, with the case proceeding to a damages determination. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-00194-0 Date issued/filed: 2024-11-27 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 10/28/2024) regarding 19 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00194-UNJ Document 22 Filed 11/27/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-0194V WILLIAM BRIMMER, II, Chief Special Master Corcoran Petitioner, Filed: October 28, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Jay Travis Williamson, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On February 8, 2024, William Brimmer, II 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 Guillain-Barré syndrome (“GBS”) resulting from an influenza (“flu”) vaccine received on October 21, 2022. Petition at 1. Petitioner further alleges that the vaccine was administered in the United States, his injury lasted longer than six months, and neither Petitioner, nor any other party, has ever received compensation in the form of an award or settlement for Petitioner’s vaccine- related injury. Petition at ¶¶ 1, 11, 12. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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 1:24-vv-00194-UNJ Document 22 Filed 11/27/24 Page 2 of 2 On October 25, 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. Specifically, Respondent agrees that “petitioner suffered GBS following a flu vaccine within the Table time period, and there is not a preponderance of the medical evidence that petitioner’s GBS was due to a factor unrelated to the vaccination.” Id. at 7. Respondent further agrees that the claim satisfies the statutory severity requirement in that Petitioner experienced sequelae of his GBS for more than six months, and Petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act and thus compensation is appropriate. 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