VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-02082 Package ID: USCOURTS-cofc-1_23-vv-02082 Petitioner: Joshua Dunn Filed: 2023-12-06 Decided: 2025-12-29 Vaccine: influenza Vaccination date: 2022-10-06 Condition: Guillain-Barre syndrome / Miller-Fisher syndrome variant Outcome: compensated Award amount USD: 70000 AI-assisted case summary: On December 6, 2023, Joshua Dunn filed a petition alleging that an influenza vaccine administered on October 6, 2022 caused Guillain-Barre syndrome, identified in the record as a Miller-Fisher syndrome variant. Respondent initially questioned whether the claim satisfied the Vaccine Act's severity requirement, but after Mr. Dunn filed additional medical records respondent conceded entitlement to compensation for Table GBS. Chief Special Master Brian H. Corcoran found entitlement on October 3, 2025. The public rulings do not provide the first neurologic symptom, hospitalization, diagnostic testing, treatment, rehabilitation, or residual limitations in detail. On December 29, 2025, Chief Special Master Corcoran adopted respondent's proffer and awarded $70,000.00 for pain and suffering, payable through counsel's IOLTA account. Theory of causation field: Influenza vaccine October 6, 2022 causing GBS/Miller-Fisher syndrome variant; adult, exact age not stated. ENTITLEMENT CONCEDED after additional records addressed severity; COMPENSATED. Public rulings lack neurologic treatment chronology. Award $70,000 pain/suffering. Chief SM Brian H. Corcoran; petition December 6, 2023; entitlement October 3, 2025; damages December 29, 2025. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-02082-0 Date issued/filed: 2025-11-03 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 10/03/2025) regarding 32 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-02082-UNJ Document 35 Filed 11/03/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-2082V JOSHUA DUNN, Chief Special Master Corcoran Petitioner, v. Filed: October 3, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jonathan Joseph Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner. Ryan Nelson, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On December 6, 2023, Joshua Dunn 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”) (Miller-Fisher syndrome variant), a defined Table injury, after receiving an influenza (“flu”) vaccine on October 6, 2022. Petition at 1 ¶¶ 3, 22. Petitioner also alleged that he received the flu vaccine within the United States, that he continues to suffer the residual effects of his GBS more than six months post-vaccination, and that neither he nor any other party has filed a civil action or received compensation for his GBS illness, alleged as vaccine- 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-02082-UNJ Document 35 Filed 11/03/25 Page 2 of 2 related. Id. at ¶¶ 17, 19-20. The case was assigned to the Special Processing Unit of the Office of Special Masters. Respondent initially opposed compensation, arguing Petitioner had failed to provide the preponderant evidence needed to establish six-month severity. Respondent’s Rule 4(c) Report at 1-2; see Section 11(c)(1)(D) (Vaccine Act’s severity requirement). After reviewing the updated medical records provided by Petitioner (Ex. 7), Respondent now concedes that Petitioner is entitled to compensation in this case. Respondent’s Amended 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 4. 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-02082-cl-extra-11196219 Date issued/filed: 2025-11-03 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10729634 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-2082V JOSHUA DUNN, Chief Special Master Corcoran Petitioner, v. Filed: October 3, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jonathan Joseph Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner. Ryan Nelson, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On December 6, 2023, Joshua Dunn 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”) (Miller-Fisher syndrome variant), a defined Table injury, after receiving an influenza (“flu”) vaccine on October 6, 2022. Petition at 1 ¶¶ 3, 22. Petitioner also alleged that he received the flu vaccine within the United States, that he continues to suffer the residual effects of his GBS more than six months post-vaccination, and that neither he nor any other party has filed a civil action or received compensation for his GBS illness, alleged as vaccine- 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). related. Id. at ¶¶ 17, 19-20. The case was assigned to the Special Processing Unit of the Office of Special Masters. Respondent initially opposed compensation, arguing Petitioner had failed to provide the preponderant evidence needed to establish six-month severity. Respondent’s Rule 4(c) Report at 1-2; see Section 11(c)(1)(D) (Vaccine Act’s severity requirement). After reviewing the updated medical records provided by Petitioner (Ex. 7), Respondent now concedes that Petitioner is entitled to compensation in this case. Respondent’s Amended 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 4. 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 3: USCOURTS-cofc-1_23-vv-02082-1 Date issued/filed: 2026-01-29 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 12/29/2025) regarding 38 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-02082-UNJ Document 44 Filed 01/29/26 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-2082V JOSHUA DUNN, Chief Special Master Corcoran Petitioner, Filed: December 29, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jonathan Joseph Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner. Ryan Nelson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On December 6, 2023, Joshua Dunn 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”) (Miller-Fisher syndrome variant), a defined Table injury, after receiving an influenza (“flu”) vaccine on October 6, 2022. Petition at 1 ¶¶ 3, 22. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 3, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation for his GBS. On December 29, 2025, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $70,000.00 for his pain and suffering. Proffer at 1. In the Proffer, Respondent represented that 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 1:23-vv-02082-UNJ Document 44 Filed 01/29/26 Page 2 of 4 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 $70,000.00 for pain and suffering, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. This amount represents compensation for all damages that would be available under Section 15(a). 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 1:23-vv-02082-UNJ Document 44 Filed 01/29/26 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS JOSHUA DUNN, Petitioner, v. No. 23-2082V (ECF) Chief Special Master Corcoran SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On December 6, 2023, Joshua Dunn (“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 (“Vaccine Act” or “Act”). Petitioner alleges that he developed Miller-Fisher syndrome (“MFS”), a variant of Guillain-Barré Syndrome (“GBS”) following an influenza (“flu”) vaccine administered on October 6, 2022. Petition at 1. On October 2, 2025, the Secretary of Health and Human Services (“respondent”) filed an amended Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act for a GBS Table injury, and on October 3, 2025, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 31; ECF No. 32. I. Compensation Respondent proffers that petitioner should be awarded $70,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. This represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. Case 1:23-vv-02082-UNJ Document 44 Filed 01/29/26 Page 4 of 4 II. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment as described below and requests that the Chief Special Master’s decision and the Court’s judgment award the following1: a lump sum payment of $70,000.00, to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. Respectfully submitted, BRETT A. SHUMATE Assistant Attorney General JONATHAN D. GUYNN Acting Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division VORIS E. JOHNSON Assistant Director Torts Branch, Civil Division /s/ Ryan A. Nelson RYAN A. NELSON 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) 616-4027 ryan.nelson3@usdoj.gov Dated: December 29, 2025 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 pain and suffering. 2 ================================================================================ DOCUMENT 4: USCOURTS-cofc-1_23-vv-02082-cl-extra-11248134 Date issued/filed: 2026-01-29 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10781511 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-2082V JOSHUA DUNN, Chief Special Master Corcoran Petitioner, Filed: December 29, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jonathan Joseph Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner. Ryan Nelson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On December 6, 2023, Joshua Dunn 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”) (Miller-Fisher syndrome variant), a defined Table injury, after receiving an influenza (“flu”) vaccine on October 6, 2022. Petition at 1 ¶¶ 3, 22. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 3, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation for his GBS. On December 29, 2025, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $70,000.00 for his pain and suffering. Proffer at 1. In the Proffer, Respondent represented that 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). 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 $70,000.00 for pain and suffering, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. This amount represents compensation for all damages that would be available under Section 15(a). 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 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS JOSHUA DUNN, Petitioner, v. No. 23-2082V (ECF) Chief Special Master Corcoran SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On December 6, 2023, Joshua Dunn (“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 (“Vaccine Act” or “Act”). Petitioner alleges that he developed Miller-Fisher syndrome (“MFS”), a variant of Guillain-Barré Syndrome (“GBS”) following an influenza (“flu”) vaccine administered on October 6, 2022. Petition at 1. On October 2, 2025, the Secretary of Health and Human Services (“respondent”) filed an amended Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act for a GBS Table injury, and on October 3, 2025, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 31; ECF No. 32. I. Compensation Respondent proffers that petitioner should be awarded $70,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. This represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment as described below and requests that the Chief Special Master’s decision and the Court’s judgment award the following 1: a lump sum payment of $70,000.00, to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. Respectfully submitted, BRETT A. SHUMATE Assistant Attorney General JONATHAN D. GUYNN Acting Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division VORIS E. JOHNSON Assistant Director Torts Branch, Civil Division /s/ Ryan A. Nelson RYAN A. NELSON 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) 616-4027 ryan.nelson3@usdoj.gov Dated: December 29, 2025 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 pain and suffering. 2