In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 12-178V

Filed: October 22, 2012

Not for Publication

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DAVID DORFF, * 

*

Petitioner, * 

* Damages decision based on

v. * stipulation; Tetanus, diphtheria, and

 * acellular pertussis vaccine;

SECRETARY OF HEALTH * Guillain-Barré syndrome; Fees and

AND HUMAN SERVICES, * costs based on stipulation

 *

 Respondent. *

*

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Sheila A. Bjorklund, Minneapolis, MN, for petitioner.

Lisa A. Watts, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING DAMAGES AND ATTORNEYS’ FEES AND COSTS 1

On October 22, 2012, the parties filed the attached stipulation in which they agreed to 

settle this case and described the settlement terms. Petitioner alleges that he suffered from 

Guillain-Barré syndrome (“GBS”) following his receipt of the tetanus, diphtheria, and acellular 

pertussis vaccine. Petitioner further alleges that he suffered the residual effects of this injury for 

more than six months. Respondent denies that petitioner’s GBS, or any other injury, was caused 

in fact by the tetanus, diphtheria, and acellular pertussis vaccine. Respondent further denies that 

petitioner’s current disabilities are sequelae of a vaccine-related injury. Nonetheless, the parties 

 

1 Because this unpublished decision contains a reasoned explanation for the special master's action in this 

case, the special master intends to post this unpublished decision on the United States Court of Federal 

Claims's website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 

2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be 

made available to the public unless they contain trade secrets or commercial or financial information that 

is privileged and confidential, or medical or similar information whose disclosure would constitute a 

clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify 

and move to redact such information prior to the document=s disclosure. If the special master, upon 

review, agrees that the identified material fits within the banned categories listed above, the special 

master shall redact such material from public access.
2

agreed to resolve this matter informally.

The court finds the terms to be reasonable, hereby adopts the parties’ stipulation, and 

awards compensation in the amount and on the terms set forth therein. Pursuant to the 

stipulation, the court awards a lump sum of $280,000.00, representing compensation for all 

damages that would be available under 42 U.S.C. § 300aa-15(a). The award shall be in the form 

of a check made payable to petitioner. 

The parties have also agreed on an appropriate amount for attorneys’ fees and costs in 

this case. In accordance with the General Order #9 requirement, petitioner states that he did not 

incur any costs to pursue his petition.

Petitioner requests $12,288.08 in attorneys’ fees and costs to which respondent does not 

object. The undersigned finds this amount to be reasonable. Accordingly, the court awards 

$12,288.08, representing reimbursement for attorneys’ fees and costs. The award shall be in the 

form of a check made payable jointly to petitioner and Lommen Abdo Law Firm, in the amount 

of $12,288.08.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of 

the court is directed to enter judgment herewith.2

IT IS SO ORDERED.

Dated: October 22, 2012 /s/ Laura D. Millman 

Laura D. Millman

Special Master

 

2

Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party=s filing a notice 

renouncing the right to seek review.