VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00843
Package ID: USCOURTS-cofc-1_16-vv-00843
Petitioner: Thomas Winiesdorffer
Filed: 2016-07-18
Decided: 2018-04-11
Vaccine: influenza
Vaccination date: 2013-10-29
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 150000

AI-assisted case summary:
Thomas Winiesdorffer filed a petition for compensation under the National Vaccine Injury Compensation Program alleging he suffered Guillain-Barré Syndrome (GBS) after receiving an influenza vaccine on October 29, 2013. The case was assigned to the Special Processing Unit. On June 21, 2017, a ruling on entitlement was issued, finding petitioner entitled to compensation. Respondent did not contest entitlement, stating that the petitioner satisfied the criteria set forth in the revised Vaccine Injury Table and Qualifications and Aids to Interpretation (QAI), and that the evidence showed GBS following the flu vaccine with onset within the Table's specified time period. Respondent agreed to a presumptive causation under the revised Table. On April 11, 2018, a decision awarding damages was issued. The court awarded Thomas Winiesdorffer a lump sum payment of $150,000.00, representing compensation for all damages available under the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00843-1
Date issued/filed: 2018-04-11
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 06/22/2017) regarding 30 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:16-vv-00843-UNJ Document 42 Filed 04/11/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0843V
Filed: June 22, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
THOMAS WINIESDORFFER, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza (Flu) Vaccine; Guillain-
* Barre Syndrome (GBS); Special
SECRETARY OF HEALTH * Processing Unit (SPU)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner.
Michael P. Milmoe, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On July 18, 2016, Thomas Winiesdorffer (“petitioner”) 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 Guillain-
Barré syndrome (“GBS”) after receiving an influenza (“flu”) vaccine on October 29,
2013. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On June 21, 2017, a ruling on entitlement was issued, finding petitioner entitled
to compensation. On June 22, 2017, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $150,000.00. Proffer
at 1. In the Proffer, respondent represented that petitioner agrees with the proffered
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:16-vv-00843-UNJ Document 42 Filed 04/11/18 Page 2 of 4
award. Based on the record as a whole, the undersigned finds that petitioner is entitled
to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $150,000.00, in the form of a check payable to
petitioner, Thomas Winiesdorffer. This amount represents compensation for all
damages that would be available under § 300aa-15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

Case 1:16-vv-00843-UNJ Document 42 Filed 04/11/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
THOMAS WINIESDORFFER, )
)
Petitioner, ) No. 16-843V
) Chief Special Master Dorsey
v. ) ECF
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On June 21, 2017, the Chief Special Master issued a Ruling on Entitlement determining
that petitioner was entitled to vaccine compensation for his Guillain-Barre Syndrome (“GBS”).
Respondent proffers that, based on the evidence of record, petitioner should be awarded
$150,000.00. This amount represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment as described below, and requests that the Chief Special Master’s
decision and the Court’s judgment award the following:1
A lump sum payment of $150,000.00 in the form of a check payable to petitioner, Thomas
Winiesdorffer. This amount accounts for all elements of compensation under 42 U.S.C. §
300aa-15(a) to which petitioner would be entitled.
1 Should petitioner die prior to entry of judgment, respondent reserves the right to move the
Court for appropriate relief. In particular, respondent would oppose any award for future
medical expenses, future pain and suffering, and future lost wages.

Case 1:16-vv-00843-UNJ Document 42 Filed 04/11/18 Page 4 of 4
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
/s/ Michael P. Milmoe
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-4125
Dated: June 22, 2017 Fax: (202) 616-4310

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-00843-2
Date issued/filed: 2018-04-24
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/21/2017) regarding 27 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:16-vv-00843-UNJ Document 43 Filed 04/24/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0843V
Filed: June 21, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
THOMAS WINIESDORFFER, *
*
Petitioner, * Ruling on Entitlement;
v. * Influenza (“Flu”) Vaccination;
* Guillain-Barré Syndrome (“GBS”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner.
Michael P. Milmoe, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On July 18, 2016, Thomas Winiesdorffer (“petitioner”) 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 alleged that he suffered Guillain-
Barre Syndrome (“GBS”) after receiving the influenza (“flu”) vaccine on October 29,
2013. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On April 21, 2017, the parties informed the court they had reached a tentative
settlement agreement and a 15-Week Order was issued. (ECF No. 25). On June 15,
2017, a status conference was held with the staff attorney managing this case. See
Minute Entry, dated June 15, 2017. During the conference, respondent’s counsel
explained that respondent would not contest entitlement in this case and that he wished
to file a Rule 4(c) report.
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended
at 44 U.S.C. § 3501 note (2012)). 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:16-vv-00843-UNJ Document 43 Filed 04/24/18 Page 2 of 2
On June 19, 2017, respondent filed his Rule 4(c) report stating that he “does not
contest entitlement in this matter.” Respondent’s Rule 4(c) Report at 1. Specifically,
respondent states that “[i]t is [his] position that petitioner has satisfied criteria set forth in
the newly revised Vaccine Injury Table (“Table”) and the Qualifications and Aids to
Interpretation (QAI).” Id. at 3. While recognizing that the revised Table governs only
petitions filed after the effective date of the final rule (March 21, 2017), respondent
acknowledges that “the evidence show that petitioner suffered GBS following the
administration of a seasonal flu vaccine, and that the onset occurred within the time
period specified in the Table.” Id. Because petitioner would be entitled to “a
presumption of causation under the revised Table” if he simply re-filed his petition,
respondent “will not contest entitlement to compensation.” Id. (citation omitted).
Based on the evidence before me, I find that petitioner is entitled to
compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2