Dorn Dyttmer v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2021)

Dorn Dyttmer filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered Guillain-Barre Syndrome (GBS) as a result of receiving an influenza (flu) vaccination on October 9, 2015. He also alleged, in the alternative, that his GBS resulted from a combination of the flu vaccine and a pneumococcal conjugate vaccine (PCV 13 Prevnar) received on the same day.

The petition stated that the vaccination was administered in the United States and that the residual effects of his GBS exceeded six months. Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr.

Dyttmer was entitled to compensation. The respondent specifically noted that Mr.

Dyttmer satisfied the criteria for a Table injury, as GBS is listed on the Vaccine Injury Table for seasonal flu vaccinations with an onset window of three to forty-two days, and there was no apparent alternative cause. Because entitlement was established under the Table for the flu vaccine, further discussion of the alternative claim involving the combined vaccines was deemed unnecessary.

Consequently, a Ruling on Entitlement was issued on October 15, 2019, finding Mr. Dyttmer entitled to compensation.

Subsequently, on May 13, 2021, the parties submitted a Proffer on Award of Compensation. The proffer stipulated that Mr.

Dyttmer should be awarded $215,000.00 for pain and suffering and an additional $29,583.28 to satisfy a State of Michigan Medicaid lien. Mr.

Dyttmer agreed with this proffered award. Based on this agreement, a Decision Awarding Damages was issued on June 16, 2021, awarding a total of $244,583.28 to Mr.

Dyttmer, including the payment for the Medicaid lien.