VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01801 Package ID: USCOURTS-cofc-1_23-vv-01801 Petitioner: Duane Torkelson Filed: 2023-10-13 Decided: 2025-08-26 Vaccine: influenza Vaccination date: 2020-10-05 Condition: Guillain-Barre syndrome Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: On October 13, 2023, Duane Torkelson filed a petition alleging that an influenza vaccine administered on October 5, 2020 caused Guillain-Barre syndrome. Respondent conceded entitlement in a Rule 4(c) report, agreeing that Mr. Torkelson satisfied the Table requirements for GBS after seasonal influenza vaccination. The public ruling does not describe his first neurologic symptoms, diagnostic testing, hospitalization, immune treatment, rehabilitation, or residual deficits. Chief Special Master Brian H. Corcoran found entitlement on August 26, 2025. Damages remained to be determined. Theory of causation field: Influenza vaccine October 5, 2020 causing Table GBS; adult, exact age not stated. ENTITLEMENT CONCEDED; damages pending. Public ruling lacks neurologic onset, testing, treatment, and residual-deficit chronology. Chief SM Brian H. Corcoran; petition October 13, 2023; entitlement August 26, 2025. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-01801-0 Date issued/filed: 2025-09-29 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 08/26/2025) regarding 28 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01801-UNJ Document 30 Filed 09/29/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1801V DUANE TORKELSON, Chief Special Master Corcoran Petitioner, v. Filed: August 26, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Kenneth Thomas Lumb, Corboy & Demetrio, P.C., Chicago, IL, for Petitioner. Michael Bliley, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On October 13, 2023, Duane Torkelson 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-Barré Syndrome (“GBS”), a defined Table injury, after receiving an influenza (“flu”) vaccine on October 5, 2020. Petition at 1 ¶¶ 2, 12. Petitioner also alleged that he received the flu vaccine within the United States and has suffered the residual effects of his GBS more than six months post- vaccination. Id. at ¶¶ 2, 10. The case was assigned to the Special Processing Unit of the Office of Special Masters. 1 Because this Ruling 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 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, 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 1:23-vv-01801-UNJ Document 30 Filed 09/29/25 Page 2 of 2 On August 25, 2025, 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 believes “that [P]etitioner has satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”), which afford [P]etitioner a presumption of causation.” Id. at 6. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_23-vv-01801-cl-extra-11146041 Date issued/filed: 2025-09-29 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10679454 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1801V DUANE TORKELSON, Chief Special Master Corcoran Petitioner, v. Filed: August 26, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Kenneth Thomas Lumb, Corboy & Demetrio, P.C., Chicago, IL, for Petitioner. Michael Bliley, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On October 13, 2023, Duane Torkelson 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-Barré Syndrome (“GBS”), a defined Table injury, after receiving an influenza (“flu”) vaccine on October 5, 2020. Petition at 1 ¶¶ 2, 12. Petitioner also alleged that he received the flu vaccine within the United States and has suffered the residual effects of his GBS more than six months post- vaccination. Id. at ¶¶ 2, 10. The case was assigned to the Special Processing Unit of the Office of Special Masters. 1 Because this Ruling 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 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, 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). On August 25, 2025, 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 believes “that [P]etitioner has satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”), which afford [P]etitioner a presumption of causation.” Id. at 6. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2