VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00419 Package ID: USCOURTS-cofc-1_24-vv-00419 Petitioner: Eric P. Rast Filed: 2025-02-13 Decided: 2025-03-17 Vaccine: influenza Vaccination date: 2021-09-27 Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: 100000 AI-assisted case summary: Eric P. Rast filed a petition for compensation under the National Vaccine Injury Compensation Program on February 13, 2025. He alleged that on September 27, 2021, he received an influenza vaccine and subsequently suffered a Table injury of Guillain-Barré syndrome (GBS) with residual effects lasting more than six months. The respondent denied that Mr. Rast sustained a Table GBS injury, that the vaccine caused his condition, or that his current condition was a sequela of a vaccine-related injury. Despite these differing positions, the parties reached a joint stipulation to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation as his decision. Pursuant to the stipulation, Mr. Rast was awarded a lump sum of $100,000.00 as compensation for all damages available under the Vaccine Act. This award was to be paid through an ACH deposit to Mr. Rast's counsel's IOLTA account for prompt disbursement. The parties also agreed to submit to further proceedings for reasonable attorneys' fees and costs. Petitioner was represented by Matthew F. Belanger of Faraci Lange, LLP, and respondent was represented by Emily Hanson of the U.S. Department of Justice. The decision was issued on March 17, 2025. Theory of causation field: Petitioner Eric P. Rast received an influenza vaccine on September 27, 2021, and alleged a Table injury of Guillain-Barré syndrome (GBS) with residual effects lasting more than six months. Respondent denied a Table GBS injury, causation by the vaccine, or that the current condition was a sequela of a vaccine-related injury. The parties reached a joint stipulation for settlement. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $100,000.00 for all damages under 42 U.S.C. § 300aa-15(a). The parties agreed to further proceedings for attorneys' fees and costs. Petitioner counsel: Matthew F. Belanger (Faraci Lange, LLP). Respondent counsel: Emily Hanson (U.S. Department of Justice). Decision Date: March 17, 2025. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-00419-0 Date issued/filed: 2025-03-17 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 02/13/2025) regarding 24 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00419-UNJ Document 30 Filed 03/17/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-0419V ERIC P. RAST, Chief Special Master Corcoran Petitioner, v. Filed: February 13, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Matthew F. Belanger, Faraci Lange, LLP, Rochester, NY, for Petitioner. Emily Hanson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On March 19, 2024, Eric P. Rast filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). On September 27, 2021, Petitioner received an influenza (“flu”) vaccine, which vaccine is listed in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). Petitioner alleges that he suffered a Table injury of Guillain-Barré syndrome (“GBS”) within the time period set forth in the Table following administration of the vaccine. Petitioner further alleges that he suffered the residual effects of this injury for more than six months. 1Because this Decision 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 Decision 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. 2National 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-00419-UNJ Document 30 Filed 03/17/25 Page 2 of 7 Respondent denies that Petitioner sustained a Table GBS injury; denies that the vaccine caused Petitioner’s alleged GBS, or any other injury; and denies that Petitioner’s current condition is a sequela of a vaccine-related injury. Nevertheless, on February 13, 2025, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $100,000.00,tobe paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under Section 15(a). Id. I approve the requested amount for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:24-vv-00419-UNJ Document 30 Filed 03/17/25 Page 3 of 7 IN THE UNITED ST AT ES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ERIC P. RAST, Petitioner, No. 24-419V Chief Special Master Corcoran V. ECf or SECRETARY HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I. Eric P. Rast (. . petitioner'') filed a petition for vaccine compensation under the National Vaccine Injury CoIYipensation Program, 42 U.S.C. § 300aa-10 to 34 (the ··Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of an influenza ('"flu .. ) vaccine, which vaccine is contained in the Vaccine Injury Table (the ·'Table .. ), 42 C.F.R. § 100.3(a). 2. Petitioner n:ccivcd a flu vaccine on September 27, 2021. 3. The vaccine was administered within the United States. 4. Petitioner alleges that petitioner suffered a Table injury of Guillain-Barre syndrome C-·GBS'") within the time period set forth in the Table following administration of the Yaccine. Petitioner further alleges tbat petitioner suffered the residual effects of the alleged injury for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on petitioner's behalf as a result of the alleged injury. Case 1:24-vv-00419-UNJ Document 30 Filed 03/17/25 Page 4 of 7 6. Respondent denies that petitioner sustained a GBS Table injury; denies that the flu vaccine caused petitioner's alleged GBS, or any other injury; and denies that petitioner's current condition is a sequelae of a vaccine-related injury. 7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation. 8. /\.s soon as practicable after an entry of _judgment reflecting a decision consistent with tbe terms of this Sripul.1tion. and after petitioner has filed an election to recci\'c compensation pursuant to 42 U.S.C. § 300aa-2 l(a)(l ), the Secretary of !Iealth and Human Services will issue the following vaccine compensation payment: /\. lump sum of $100,000.00 to be paid through an ACI-1 deposit petitioner·s 10 counsel's I OL TA account for prompt disbursement to petitioner. This amount represents compensation for all damages that vvoulcl be nvailablc under 42 U.S.C. § 300aa-15(a). 9. As soon as practicable after the entry of judgment on entitlement in this case, and artcr petitioner has tiled both a proper an