VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00757
Package ID: USCOURTS-cofc-1_24-vv-00757
Petitioner: Kathy L. Troen
Filed: 2024-12-20
Decided: 2025-01-22
Vaccine: influenza
Vaccination date: 2023-10-04
Condition: Guillain-Barre Syndrome (GBS)
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
Kathy L. Troen filed a petition for compensation on December 20, 2024, alleging that she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on October 4, 2023. She stated that the injury was a Table claim, that she received the vaccine in the United States, that the residual effects lasted more than six months, and that she had no prior award or settlement. Respondent filed a Rule 4(c) report on December 18, 2024, conceding that Petitioner is entitled to compensation. Respondent's medical personnel reviewed the petition and medical records and determined that Petitioner satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation, which afford a presumption of causation for GBS if onset occurs between three and forty-two days after a seasonal flu vaccination and there is no apparent alternative cause. Based on Respondent's concession and the evidence, the Chief Special Master found Petitioner entitled to compensation, with the case proceeding to damages.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00757-0
Date issued/filed: 2025-01-22
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/20/2024) regarding 19 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:24-vv-00757-UNJ Document 25 Filed 01/22/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-757V
KATHY L. TROEN, Chief Special Master Corcoran
Petitioner, Filed: December 20, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Richard H. Moeller, Moore, Heffernan, et al., Sioux City, IA, for Petitioner.
Jeremy Mauritzen, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On May 14, 2024, Kathy L. Troen 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 a Table claim – Guillain-Barre
Syndrome (“GBS”), as a result of an influenza (“flu”) vaccine administered to her on
October 4, 2023. Petition at 1, ¶ 24. Petitioner further alleges that she received the
vaccine in the United States, that she suffered the residual effects of her injury for more
than six months, and that there has been no prior award or settlement of a civil action on
her behalf as a result of her injury. Petition at ¶¶ 3, 23, 26. 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-00757-UNJ Document 25 Filed 01/22/25 Page 2 of 2
On December 18, 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 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.
Id. at 5. (citing 42 C.F.R. § 100.3 (a)(XIV)(D), (c)(15)).
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
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