VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01546
Package ID: USCOURTS-cofc-1_18-vv-01546
Petitioner: Dorn Dyttmer
Filed: 2018-10-05
Decided: 2021-06-16
Vaccine: influenza
Vaccination date: 2015-10-09
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 244583

AI-assisted case summary:
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.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01546-0
Date issued/filed: 2019-11-15
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/15/2019) regarding 26 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01546-UNJ Document 30 Filed 11/15/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1546V
Filed: October 15, 2019
UNPUBLISHED
DORN DYTTMER,
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.
Kate Gerayne Westad, SiebenCarey, Minneapolis, MN, for petitioner.
Jeffrey T. Sprague, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Corcoran, Chief Special Master:
On October 5, 2018, 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) as a
result of receiving the flu vaccination, or in the alternative, as a result of the combination
of his flu vaccination the pneumococcal conjugate vaccine PCV 13 Prevnar, on October
9, 2015. Petition at 1, ¶ 1. Petitioner further alleges that he received the vaccination in
the United States, that he suffered the residual effects of his GBS for more than six
months, and that neither he nor any other party has filed a civil action or received
1 The undersigned intends to post this ruling on the United States Court of Federal Claims' website. 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, the undersigned
agrees that the identified material fits within this definition, the undersigned will redact such material from
public access. Because this unpublished ruling contains a reasoned explanation for the action in this
case, undersigned is required 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).
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 1:18-vv-01546-UNJ Document 30 Filed 11/15/19 Page 2 of 2
compensation for his GBS. Id. at ¶¶ 3, 14. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On October 8, 2019, 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 indicates “it is [his] position that petitioner has satisfied
the criteria set forth in the recently revised Vaccine Injury Table (“Table”) and the
Qualifications and Aids to Interpretation (“QAI”) which afford petitioner a presumption of
causation if the onset of GBS occurs between three and forty-two days after a seasonal
flu vaccination and there is no apparent alternative cause.” Id. at 8 (citing 42 C.F.R.
§§ 100.3(a)(XIV)(D), 100.3(c)(15)). Respondent further explained that “[w]hile the
petition additionally alleges a potential relationship between the ‘total combined’
Prevnar 13/flu vaccines and GBS (Prevnar 13 is not on the Table for GBS), as
causation is established on the Table regarding the flu vaccine, there is no need for
further discussion on that portion of the claim.” Id.
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/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_18-vv-01546-1
Date issued/filed: 2021-06-16
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 05/17/2021) regarding 51 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01546-UNJ Document 55 Filed 06/16/21 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1546V
UNPUBLISHED
DORN DYTTMER, Chief Special Master Corcoran
Petitioner, Filed: May 17, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Guillain-
Barre Syndrome (GBS)
Respondent.
David John Carney, Green & Schafle LLC, Philadelphia, PA, for petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On October 5, 2018, Dorn Dyttmer 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-Barre Syndrome (GBS) as a
result of the influenza (flu) vaccination, or in the alternative as a result of his total
combined vaccinations. Petition at 1. Petitioner further alleges that he received the
vaccination in the United States, the residual effects of the vaccine injury exceeded six
months, and that Petitioner has not previously filed a petition or collected an award or
settlement of a civil action for damages secondary to receipt of the flu vaccination. Petition
at 1, 5. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am
required 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). This means the decision 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).

Case 1:18-vv-01546-UNJ Document 55 Filed 06/16/21 Page 2 of 5
On October 15, 2019, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for GBS. On May 13, 2021, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $215,000.00. Proffer at
2. Respondent further proffered that Petitioner should be awarded funds to satisfy a State
of Michigan Medicaid lien in the amount of $29,583.28. Id. In the Proffer, Respondent
represented that Petitioner agrees with the proffered award. Id. Based on the record as a
whole, I find that Petitioner is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $215,000.00 in the form of a check payable to Petitioner. I further
award a lump sum payment of $29,583.28, representing compensation for
satisfaction of the State of Michigan Medicaid lien, payable jointly to Petitioner and
Upper Peninsula Health Plan. These amounts represent compensation for all damages
that would be available under § 15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
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 1:18-vv-01546-UNJ Document 55 Filed 06/16/21 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
DORN DYTTMER,
Petitioner,
No. 18-1546V
v. Chief Special Master Corcoran (SPU)
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF COMPENSATION
I. Procedural History
On October 5, 2018, Dorn Dyttmer (“petitioner”) filed a petition for compensation
(“petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -
34, as amended. Petitioner alleges that, as a result of receiving the influenza vaccine on October
9, 2015, he suffered from Guillain-Barre Syndrome (“GBS”). See Petition. On October 8, 2019,
respondent filed his Vaccine Rule 4(c) Report, concluding that petitioner suffered GBS as
defined by the Vaccine Injury Table, within the Table timeframe. On October 15, 2019, the
Ruling on Entitlement, finding that petitioner was entitled to compensation for a GBS Table
injury, was issued.
II. Items of Compensation
A. Pain and Suffering
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $215,000.00 for pain and suffering. Petitioner agrees.

Case 1:18-vv-01546-UNJ Document 55 Filed 06/16/21 Page 4 of 5
B. Medicaid Lien
Respondent proffers that petitioner should be awarded funds to satisfy the State of
Michigan Medicaid lien in the amount of $29,583.28, which represents full satisfaction of any
right of subrogation, assignment, claim, lien, or cause of action the State of Michigan may have
against any individual as a result of any Medicaid payments the State of Michigan has made to or
on behalf of petitioner from the date of his eligibility for benefits through the date of judgment in
this case as a result of his vaccine-related injury (GBS) suffered on or about October 21, 2015,
under Title XIX of the Social Security Act.
The above amounts represent all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
III. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
two lump sum payments described below, and request that the Chief Special Master’s decision
and the Court’s judgment award the following: 1
A. A lump sum payment of $215,000.00 in the form of a check payable to petitioner;2
and
B. A lump sum payment of $29,583.28, representing compensation for satisfaction of
the State of Michigan Medicaid lien, in the form of a check payable jointly to
petitioner and:
Upper Peninsula Health Plan
853 W. Washington Street
Marquette, MI 49855
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 medical
expenses, future pain and suffering, and future lost wages.
2 Petitioner is a competent adult, therefore evidence of guardianship is not required in this case.
2

Case 1:18-vv-01546-UNJ Document 55 Filed 06/16/21 Page 5 of 5
Petitioner agrees to endorse the check to Upper Peninsula Health Plan for satisfaction of
the Medicaid lien.
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C.SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Acting Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s Adriana Teitel
ADRIANA TEITEL
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-3677
Email: adriana.teitel@usdoj.gov
DATED: May 13, 2021
3