VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00409 Package ID: USCOURTS-cofc-1_24-vv-00409 Petitioner: Nicole O’Donnell Filed: 2025-02-03 Decided: 2025-03-15 Vaccine: influenza Vaccination date: 2022-11-14 Condition: Guillain-Barre Syndrome Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: Nicole O’Donnell filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered from Guillain-Barre Syndrome (GBS) following an influenza vaccination she received on November 14, 2022. She further alleged that she has suffered the residual effects of her injury for more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. O’Donnell is entitled to compensation. The respondent stated that Ms. O’Donnell satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation, which afford her a presumption of causation if the onset of GBS occurs between three and forty-two days after a seasonal flu vaccination and there is no apparent alternative cause. Based on the respondent's concession and the evidence of record, the Chief Special Master found that Ms. O’Donnell is entitled to compensation. The case is proceeding to determine the award of damages. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-00409-0 Date issued/filed: 2025-03-17 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 02/03/2025) regarding 21 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00409-UNJ Document 25 Filed 03/17/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-0409V NICOLE O’DONNELL, Chief Special Master Corcoran Petitioner, Filed: February 3, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Catherine Elizabeth Stolar, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On March 15, 2024, Nicole O’Donnell 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 she suffered from Guillain-Barre Syndrome (“GBS”) following an influenza vaccination she received on November 14, 2022. Petition at 1. Petitioner further alleges that she has suffered the residual effects of her injury for more than six months. Petition at ¶ 15. 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-00409-UNJ Document 25 Filed 03/17/25 Page 2 of 2 On January 31, 2025, 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 states that “Petitioner has satisfied the criteria set forth in the Vaccine Injury Table (Table) and the Qualifications and Aids to Interpretation (QAI), which afford Petitioner a presumption of causation if the onset of GBS occurs between three and forty-two days after a seasonal flu vaccination and there is no apparent alternative cause.” Id. at 5. 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