VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-01291 Package ID: USCOURTS-cofc-1_24-vv-01291 Petitioner: Richard Imlay Filed: 2024-08-21 Decided: 2025-08-27 Vaccine: influenza Vaccination date: 2022-09-10 Condition: Guillain-Barre syndrome Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: On August 21, 2024, Richard Imlay filed a petition alleging that an influenza vaccine administered on September 10, 2022 caused Guillain-Barre syndrome. Respondent conceded entitlement in a Rule 4(c) report, agreeing that Mr. Imlay met the Vaccine Injury Table criteria for GBS after seasonal influenza vaccination and had suffered residual effects for more than six months. The public ruling does not describe the first neurologic symptoms, diagnostic testing, hospitalization, immune treatment, rehabilitation, or residual deficits. Chief Special Master Brian H. Corcoran found Mr. Imlay entitled to compensation on August 27, 2025. Damages remained to be determined. Theory of causation field: Influenza vaccine September 10, 2022 causing Table GBS; adult, exact age not stated. ENTITLEMENT CONCEDED; damages pending. Respondent conceded the Table GBS criteria, including onset within 3-42 days and no apparent alternative cause; public ruling lacks neurologic chronology. Chief SM Brian H. Corcoran; petition August 21, 2024; entitlement August 27, 2025. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-01291-0 Date issued/filed: 2025-10-01 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 08/27/2025) regarding 26 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-01291-UNJ Document 29 Filed 10/01/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1291V RICHARD IMLAY, Chief Special Master Corcoran Petitioner, Filed: August 27, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Richard Gage, Richard Gage, P.C. (WY), Cheyenne, WY, for Petitioner. Madylan Louise Yarc, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On August 21, 2024, Richard Imlay 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 from Guillain-Barre Syndrome following an influenza vaccination he received on September 10, 2022. Petition at ¶¶ 10. Petitioner further alleges that he has suffered the residual effects of his vaccine-related injury for more than six months. Petition at ¶ 12. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 21, 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. Respondent states that “Petitioner has satisfied the criteria set forth in the Vaccine 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-01291-UNJ Document 29 Filed 10/01/25 Page 2 of 2 Injury Table and the Qualifications and Aids to Interpretation, which afford Petitioner a presumption of causation if the onset of GBS occurs within three and forty-two days after receipt of a seasonal flu vaccination, and if 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_24-vv-01291-cl-extra-11152682 Date issued/filed: 2025-10-01 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10686095 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1291V RICHARD IMLAY, Chief Special Master Corcoran Petitioner, Filed: August 27, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Richard Gage, Richard Gage, P.C. (WY), Cheyenne, WY, for Petitioner. Madylan Louise Yarc, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT 1 On August 21, 2024, Richard Imlay 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 from Guillain-Barre Syndrome following an influenza vaccination he received on September 10, 2022. Petition at ¶¶ 10. Petitioner further alleges that he has suffered the residual effects of his vaccine-related injury for more than six months. Petition at ¶ 12. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 21, 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. Respondent states that “Petitioner has satisfied the criteria set forth in the Vaccine 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). Injury Table and the Qualifications and Aids to Interpretation, which afford Petitioner a presumption of causation if the onset of GBS occurs within three and forty-two days after receipt of a seasonal flu vaccination, and if 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