Hood v. Secretary of Health and Human Services
16-1042
Fed. Cl.Dec 12, 2017Background
- Petitioner Brandon Hood filed a Vaccine Program petition alleging he developed Guillain–Barré Syndrome (GBS) after receiving a seasonal influenza vaccine on December 5, 2014.
- Respondent filed a Rule 4(c) Report conceding entitlement, stating the Division of Vaccine Injury Compensation concluded Petitioner satisfied the revised Vaccine Injury Table and Qualifications and Aids to Interpretation (QAI).
- Respondent acknowledged onset of GBS occurred within the Table’s specified time period and that Petitioner could re-file to invoke the revised Table’s presumption of causation.
- The Special Master issued a ruling finding Petitioner entitled to compensation based on Respondent’s concession.
- The case was continued to resolve damages; the Special Master ordered the parties to pursue settlement and to file status reports, with Petitioner directed to report on witness affidavits and whether a life-care planner has been retained.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to compensation for GBS allegedly caused by 2014 influenza vaccine | Hood argues his GBS was caused by the flu vaccine and onset occurred within the Table timeframe; seeks compensation under Vaccine Program | Government concedes entitlement, asserting Petitioner meets the revised Vaccine Injury Table and QAI; acknowledges onset timing and advises Petitioner may re-file to use revised Table presumption | Entitlement granted based on Respondent’s Rule 4(c) concession; Special Master finds Petitioner entitled to damages |
| Damages-process and scheduling for life-care planning and witness affidavits | Hood intends to evaluate damages, file witness affidavits, and retain a life-care planner | Respondent may negotiate settlement and needs life-care planner information if retained | Court ordered continued status reporting, set a deadline for Petitioner to report progress, propose affidavit deadlines, and disclose life-care-planner retention |
Key Cases Cited
- No reported cases cited (opinion rests on Respondent’s Rule 4(c) concession and application of the Vaccine Act and the revised Vaccine Injury Table/QAI).