VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_25-vv-01233
Package ID: USCOURTS-cofc-1_25-vv-01233
Petitioner: Otto Schwab
Filed: 2025-07-25
Decided: 2026-08-05
Vaccine: influenza
Vaccination date: 2024-10-31
Condition: Guillain-Barre Syndrome (GBS)
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
Otto Schwab, deceased, is the subject of this vaccine injury claim filed by his estate administrator, Kim Dunn. Mr. Schwab received an influenza vaccination on October 31, 2024. The petition alleges that he developed Guillain-Barre Syndrome (GBS) following the vaccination and subsequently died from this injury. The respondent conceded that Mr. Schwab's condition met the criteria for a Table injury, presuming causation for GBS following a seasonal flu vaccination within the specified timeframe, and that he more likely than not died as a result of the presumptive GBS. Based on the respondent's concession and the evidence, the court found entitlement to compensation. The case was filed on July 25, 2025, and the ruling on entitlement was issued on August 5, 2026.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_25-vv-01233-0
Date issued/filed: 2026-09-11
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/05/2026) regarding 25 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:25-vv-01233-UNJ Document 32 Filed 09/11/26 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 25-1233V
KIM DUNN, as administrator of, and on
behalf of the Estate of the deceased Chief Special Master Corcoran
vaccinee, OTTO SCHWAB,
Filed: August 5, 2026
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Dustin Francis Fregiato, Ladendorf Law, Indianapolis, IN, for Petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On July 25, 2025, Kim Dunn, as administrator of the estate of Otto Schawb,
deceased, 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 that Mr. Schwab suffered from Guillain-Barre Syndrome (“GBS”) following an
influenza vaccination he received on October 31, 2024. Petition at 1. Petitioner further
alleges that Mr. Schwab died from his vaccine-related injury. Id. at ¶ 13. 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 1:25-vv-01233-UNJ Document 32 Filed 09/11/26 Page 2 of 2
On July 22, 2026, 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 states that it is his “position that Petitioner has satisfied the
criteria set forth in the Vaccine Injury Table (Table) and the Qualifications and Aids to
Interpretation (QAI), which afford Petitioner a presumption of causation is 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 3. Respondent also states that Mr. Schwab “more
likely than not died as a result of his presumptive GBS.” Id. Respondent finally agrees
that, “based on the current record, Petitioner has satisfied all legal prerequisites for
compensation under the Act.” Id.
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