VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00313
Package ID: USCOURTS-cofc-1_22-vv-00313
Petitioner: Dwight D. Donnewald, Jr.
Filed: 2022-03-22
Decided: 2024-03-22
Vaccine: influenza
Vaccination date: 2019-10-09
Condition: Guillain Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 95000

AI-assisted case summary:
Susan Donnewald, as representative for her deceased husband Dwight D. Donnewald, Jr., filed a petition for compensation under the National Vaccine Injury Compensation Program. Mr. Donnewald received an influenza vaccination on October 9, 2019. Petitioner alleged that Mr. Donnewald developed Guillain-Barre Syndrome (GBS) as a result of the vaccine and subsequently died on April 8, 2020, from this vaccine-related injury. Respondent denied that the flu vaccine caused Mr. Donnewald's GBS or his death. Despite this denial, the parties filed a joint stipulation agreeing to settle the case. The stipulation stated that the flu vaccine is on the Vaccine Injury Table. Chief Special Master Corcoran adopted the stipulation as her decision, awarding a lump sum of $95,000.00 to the estate of Dwight D. Donnewald, Jr. for all items of damages. The parties agreed that this stipulation represents a full and complete settlement of liability and damages, though it is not an admission by the government that the vaccine caused the injury or death.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_22-vv-00313-0
Date issued/filed: 2024-03-22
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 02/20/2024) regarding 38 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
--------------------------------------------------------------------------------
Case 1:22-vv-00313-UNJ Document 46 Filed 03/22/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0313V
SUSAN DONNEWALD, as Chief Special Master Corcoran
representative for DWIGHT D.
DONNEWALD, JR., Deceased, Filed: February 20, 2024
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Patricia L. Hall, Williams McCarthy, LLC, Rockford, IL, for Petitioner.
Mary Eileen Holmes, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On March 22, 2022, Susan Donnewald, on behalf of Dwight D. Donnewald, Jr.,
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 Mr.
Donnewald suffered from Guillain-Barre Syndrome (“GBS”) following an influenza
vaccination he received on January 11, 2020. Petition at 1; Stipulation, filed at February
20, 2024, ¶¶ 2, 4. Petitioner further alleges that Mr. Donnewald died on April 8, 2020 as
a result of his vaccine-related injury. Petition at 1; Stipulation at ¶ 4. “Respondent denies
that “the flu vaccine caused Decedent to suffer from GBS, any other injury, or caused his
death.” Stipulation at ¶ 6.
Nevertheless, on February 20, 2024, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. I find the stipulation
reasonable and adopt it as my decision awarding damages, on the terms set forth therein.
1 Because this Decision 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 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2018).

Case 1:22-vv-00313-UNJ Document 46 Filed 03/22/24 Page 2 of 7
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $95,000.00 in the form of a check payable to Petitioner, as
legal representative of the Estate of Dwight D. Donnewald, Jr. Stipulation at ¶
8. This amount represents compensation for all items of damages that would be
available under Section 15(a). Id.
I approve the requested amount for Petitioner’s compensation. In the absence of
a motion for review filed pursuant to RCFC Appendix B, the Clerk of 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 1:22-vv-00313-UNJ Document 46 Filed 03/22/24 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
SUSAN DONNEWALD, as )
Representative for DWIGHT D. )
DONNEWALD, JR., Deceased, )
) No. 22-313V
Petitioner, ) Chief Special Master Corcoran
) ECF
v. )
)
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
STIPULATION
The parties hereby stipulate to the following matters:
1. Susan Donnewald, petitioner, filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (the “Vaccine
Program”) on behalf of her deceased husband, Dwight D. Donnewald, Jr. (decedent). The
petition seeks compensation for injuries allegedly related to decedent’s receipt of the influenza
(“flu”) vaccine, which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R.
§ 100.3 (a).
2. Decedent received his flu vaccination on October 9, 2019.
3. The vaccination was administered within the United States.
4. Petitioner alleges that decedent suffered from Guillain Barre Syndrome (“GBS”) as a
result of receiving the flu vaccine. Decedent passed away on April 8, 2020. Petitioner further
alleges that decedent’s death was the sequela of his alleged vaccine-related injury.
5. Petitioner represents that there has been no prior award or settlement of a civil action

Case 1:22-vv-00313-UNJ Document 46 Filed 03/22/24 Page 4 of 7
for damages on decedent’s behalf as a result of his condition or death.
6. Respondent denies that the flu vaccine caused decedent to suffer from GBS, any other
injury, or caused his death.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(1), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $95,000.00 in the form of a check payable to petitioner, as legal
representative of the estate of Dwight D. Donnewald, Jr. This amount represents
compensation for all damages that would be available under 42 U.S.C. § 300aa-
15(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U.S.C. § 300aa-21(a)(1), and an application, the parties will submit to further proceedings before
the special master to award reasonable attorneys’ fees and costs incurred in proceeding upon this
petition.
10. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. §
1396 et seq.)), or by entities that provide health services on a pre-paid basis.
2

Case 1:22-vv-00313-UNJ Document 46 Filed 03/22/24 Page 5 of 7
11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject
to the availability of sufficient statutory funds.
12. Petitioner represents that petitioner presently is, or within 90 days of the date of
judgment will become, duly authorized to serve as the legal representative of decedent’s estate
under the laws of the State of Illinois. No payments pursuant to this Stipulation shall be made
until petitioner provides the Secretary with documentation establishing petitioner’s appointment
as legal representative of decedent’s estate. If petitioner is not authorized by a court of
competent jurisdiction to serve as legal representative of decedent’s estate at the time a payment
pursuant to this Stipulation is to be made, any such payment shall be paid to the party or parties
appointed by a court of competent jurisdiction to serve as legal representative of decedent’s
estate upon submission of written documentation of such appointment to the Secretary.
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity and as representative of decedent’s estate, and on her own behalf and on
behalf of decedent’s heirs, executors, administrators, successors or assigns, does forever
irrevocably and unconditionally release, acquit and discharge the United States and the Secretary
of Health and Human Services from any and all actions or causes of action (including
agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever
kind or nature) that have been brought, could have been brought, or could be timely brought in
the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42
U.S.C. § 300 aa-10 et seq., on account of, or in any way growing out of, any and all known or
unknown, suspected or unsuspected personal injuries to or death of decedent resulting from, or
alleged to have resulted from the flu vaccination administered on October 9, 2019, as alleged by
3

Case 1:22-vv-00313-UNJ Document 46 Filed 03/22/24 Page 6 of 7
petitioner in a petition for vaccine compensation filed on or about March 22, 2022, in the United
States Court of Federal Claims as petition No. 22-313V.
14. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties’
settlement and this Stipulation shall be voidable at the sole discretion of either party.
15. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties’ respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
16. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused decedent to suffer from
GBS, or any other injury or condition, or caused his death.
17. All rights and obligations of petitioner hereunder in petitioner’s capacity as
representative of decedent’s estate shall apply equally to petitioner’s heirs, executors,
administrators, successors, and/or assigns.
END OF STIPULATION
/
/
/
/
4

Case 1:22-vv-00313-UNJ Document 46 Filed 03/22/24 Page 7 of 7
Respectfully submitted,
PETITIONER:
-~O~ahx-
susAN DONNEW ALD
AUTHORIZED REPRESENTATIVE
ATTORNEY OF RECORD FOR
OF THE ATTORNEY GENERAL:
PETIT■....,... ...
v4d,e6ddiw ~ Q ~
HEATHER L. PEAM AN
ATRI L. HALL
Deputy Director
WilliamsMcCarthy, LLC
Torts Branch
120 West State Street, Suite 401
Civil Division
Rockford, IL 61101
U.S. Department of Justice
Tel: (815) 987-8900
P.O. Box 146
phall@wilmac.com
Benjamin Franklin Station
Washington, DC 20044-0146
ATTORNEY OF RECORD FOR
AUTHORIZED REPRESENTATIVE
RESPONDENT:
OF THE SECRETARY OF HEALT H
AND HUMAN SERVICES:
George R. Grimes -
oig1ta11ys.;gnedbyGeorgeR.
Griml!S S14
$ 14 Date: 2024.02.06 1S :50:S3 -0.s'OO'
. H LMES
CDR GEORGE REED GRIMES, MD, MPH
Trial Atto
Director, Division of Injury Compensation
Torts Branch
Programs
Civil Division
Health Systems Bureau
U.S. Department of Justice
Health Resources and Services
P.O. Box 146
Administration
Benjamin Franklin Station
U.S. Department of Health
Washington, DC 20044-0146
and Human Services
Tel: (202) 616-5022
5600 Fishers Lane, 08W-25A
Mary .E.Holmes@usdoj.gov
Rockville, MD 20857
Dated: 3 Id O f cdO~"L-\
5