VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00707
Package ID: USCOURTS-cofc-1_24-vv-00707
Petitioner: David Tomala
Filed: 2025-03-07
Decided: 2025-04-07
Vaccine: influenza
Vaccination date: 2023-10-25
Condition: Guillain-Barré Syndrome
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
David Tomala 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 administered on October 25, 2023. He stated that he received the vaccine in the United States, suffered residual effects for more than six months, and had no prior award or settlement. The respondent, the Secretary of Health and Human Services, reviewed the petition and medical records. The respondent conceded that Mr. Tomala is entitled to compensation, finding that he satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. Specifically, the respondent noted that the onset of GBS occurred within the Table-defined window of three to forty-two days after a seasonal flu vaccination, with no apparent alternative cause. The respondent also confirmed that the petition was timely filed, the vaccine was administered in the United States, and the statutory severity requirement was met. Based on the respondent's concession and the evidence, the Chief Special Master found that Mr. Tomala is entitled to compensation, with the case proceeding to a damages determination.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00707-0
Date issued/filed: 2025-04-07
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/07/2025) regarding 29 Ruling on Entitlement. (Signed by Chief Special Master Brian H. Corcoran). (cr) Service on parties made.
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Case 1:24-vv-00707-UNJ Document 31 Filed 04/07/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-707V
DAVID TOMALA, Chief Special Master Corcoran
Petitioner, Filed: March 7, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
John Beaulieu, Siri & Glimstad, LLP, New York, NY, for Petitioner.
Lynn Christina Schlie, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On May 7, 2024, David Tomala 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 that he suffered a Table injury – Guillain-Barré Syndrome
(“GBS”), as a result of an influenza (“flu”) vaccine administered to him on October 25,
2023. Petition at 1, ¶ 16. Petitioner further alleges that he received his vaccination in the
United States, suffered the residual effects of his injury for more than six months, and that
there has been no prior award or settlement of a civil action on his behalf as a result of
his injury. Petition at ¶¶ 2, 13, 19. 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-00707-UNJ Document 31 Filed 04/07/25 Page 2 of 2
On February 18, 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
[m]edical personnel at the Division of Injury Compensation Programs,
Department of Health and Human Services (“DICP”), have reviewed the
petition and medical records filed in the case. It is respondent’s position 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. 42 C.F.R. § 100.3(a)(XIV)(D), (c)(15). With
respect to other statutory and jurisdictional issues, the records show that
petitioner timely filed his case, that he received the flu vaccine in the United
States, and that he satisfies the statutory severity requirement by suffering
the residual effects or complications of his injury for more than six months
after vaccine administration. See 42 U.S.C. §§ 300aa-11(c)(1)(D)(i).
Therefore, based on the case record as it now stands, petitioner has
satisfied all legal prerequisites for compensation under the Act.
Id. at 8.
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