Case Information
*1 In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0991V BRENDA COLES-JACOBS, Chief Special Master Corcoran Petitioner,
v. Filed: July 24, 2024 SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent. David John Carney, Green & Schafle LLC, Philadelphia, PA, for Petitioner.
Neil Bhargava, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT
[1]
On June 28, 2023, Brenda Coles-Jacobs 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 Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine which she received on August 30, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On July 19, 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 agrees that Petitioner’s claim satisfies the Table criteria for GBS following receipt of a seasonal flu vaccine. Id. at 8 (citing 42 C.F.R. §§ 100.3(a)(XIV)(D), (c)(15). Respondent also agrees that Petitioner has satisfied all legal prerequisites for compensation under the Act. Id. (internal citations omitted).
*2 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
[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).