VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00691
Package ID: USCOURTS-cofc-1_17-vv-00691
Petitioner: Darlene Dinkel
Filed: 2017-05-24
Decided: 2018-05-29
Vaccine: influenza
Vaccination date: 2014-12-15
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 132000

AI-assisted case summary:
Darlene Dinkel filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barre Syndrome (GBS) and vocal cord dysfunction as a result of an influenza vaccination she received on December 15, 2014. The respondent conceded that Ms. Dinkel was entitled to compensation, agreeing that her GBS was a Table injury with onset occurring within the presumptive window following a seasonal flu vaccination and that there was no apparent alternative cause. An initial ruling on entitlement was issued on January 30, 2018, finding her eligible for compensation. Subsequently, on March 20, 2018, the respondent filed a proffer recommending an award of $132,000.00, comprised of $125,000.00 for pain and suffering and $7,000.00 for lost wages. Ms. Dinkel, an adult, agreed with this proffered award. On May 29, 2018, the court issued a decision awarding Darlene Dinkel a lump sum payment of $132,000.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00691-0
Date issued/filed: 2018-04-11
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 1/30/2018) regarding 37 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00691-UNJ Document 51 Filed 04/11/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-691V
Filed: January 30, 2018
UNPUBLISHED
DARLENE DINKEL,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Table Injury; Influenza (Flu) Vaccine;
Guillain-Barre Syndrome (GBS)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Lawrence Gene Michel, Kennedy, Berkley, et al., Salina, KS, for petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On May 24, 2017, 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 she suffered Guillain-Barre Syndrome (“GBS”) and vocal
cord dysfunction resulting from treatment due following an influenza (“flu”) vaccination
administered on December 15, 2014. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On January 24, 2018, 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 recommends that compensation be awarded. Id. at 1.
Respondent further agrees that petitioner has satisfied the criteria set forth in the
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. 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 1:17-vv-00691-UNJ Document 51 Filed 04/11/18 Page 2 of 2
Vaccine Injury Table, which affords petitioner a presumption of causation if the onset of
GBS occurs between three and forty-two days after a seasonal flu vaccination. Id. at 6.
Respondent further states that there is no apparent alternative cause. Id. at 6.
In view of respondent’s position and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-00691-1
Date issued/filed: 2018-05-29
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 3/23/2018) regarding 43 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00691-UNJ Document 55 Filed 05/29/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-691V
Filed: March 23, 2018
UNPUBLISHED
DARLENE DINKEL,
Special Processing Unit (SPU);
Damages Decision Based on Proffer;
Petitioner,
Influenza (Flu) Vaccine; Guillain-
v.
Barre Syndrome (GBS)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Lawrence Gene Michel, Kennedy, Berkley, et al., Salina, KS, for petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On May 24, 2017, 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 she suffered Guillain-Barre Syndrome (“GBS”) and vocal
cord dysfunction resulting from treatment due to an influenza (“flu”) vaccination
administered on December 15, 2014. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On January 30, 2018, a ruling on entitlement was issued, finding petitioner
entitled to compensation for GBS. On March 20, 2018, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $132,000.00
comprised of $125,000.00 for pain and suffering and $7,000.00 for lost wages. 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 1:17-vv-00691-UNJ Document 55 Filed 05/29/18 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 $132,000.00 (comprised of $125,000.00 for pain
and suffering and $7,000.00 for lost wages) in the form of a check payable to
petitioner, Darlene Dinkel. 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 1:17-vv-00691-UNJ Document 55 Filed 05/29/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
DARLENE DINKEL,
)
)
Petitioner,
) No. 17-691V
v.
) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND HUMAN
)
SERVICES,
)
)
Respondent.
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On May 24, 2017, Darlene Dinkel (petitioner) filed a petition for compensation under the
National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or “the Act”),
42 U.S.C. §§ 300aa-1 to -34. Petitioner alleges that she suffered “Guillain-Barre Syndrome
("GBS’) and vocal cord dysfunction resulting from treatment” due to an influenza (“flu”) vaccine
administered to her on December 15, 2014. Petition at 1. On January 24, 2018, respondent filed
a Rule 4(c) Report conceding that entitlement to compensation was appropriate under the terms
of the Vaccine Act. Thereafter, on January 30, 2018, Chief Special Master Dorsey issued a
Ruling on Entitlement, finding that petitioner was entitled to vaccine compensation.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be
awarded $132,000.00. The award is comprised of the following: $125,000.00 for pain and
suffering; and $7,000.00 for lost wages. This amount represents all elements of compensation to
which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

Case 1:17-vv-00691-UNJ Document 55 Filed 05/29/18 Page 4 of 4
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment of $132,000.00, in the form of a check payable to petitioner.1 Petitioner
agrees.
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
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
s/ Traci R. Patton
TRACI R. PATTON
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 353-1589
Dated: March 20, 2018
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future lost earnings
and future pain and suffering.