In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 20-1404V

UNPUBLISHED

MICHAEL ANTKOWIAK,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: December 22, 2021

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; GuillainBarre Syndrome (GBS)

Brian L. Cinelli, Marcus & Cinelli, LLP, Williamsville, NY, for Petitioner.

Tyler King, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES1

On October 16, 2020, Michael Antkowiak 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 he suffered Guillain-Barré Syndrome (“GBS”) which 

meets the Table definition for GBS or which, in the alternative, was caused in fact by the 

influenza vaccine he received on October 18, 2017. Petition at ¶ 1. The case was 

assigned to the Special Processing Unit of the Office of Special Masters.

On July 27, 2021, a ruling on entitlement was issued, finding Petitioner entitled to 

compensation for his GBS. On December 22, 2021, Respondent filed a proffer on award 

of compensation (“Proffer”) indicating Petitioner should be awarded $197,222.44, 

representing compensation in the amounts of $195,000.00 for his pain and suffering and 

$2,222.44 for his out-of-pocket expenses. Proffer at 1-2. In the Proffer, Respondent 

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 

required to post it on the United States Court of Federal Claims' website in accordance with the EGovernment Act of 2002. 44 U.S.C. § 3501 note (2012) (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 (2012).
2

represented that Petitioner agrees with the proffered award. Id. at 2. 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 $197,222.44, representing compensation in the amounts of 

$195,000.00 for his pain and suffering and $2,222.44 for his out-of-pocket expenses

in the form of a check payable to Petitioner. This amount represents compensation for 

all damages that would be available under Section 15(a). 

The clerk of the 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.
IN THE UNITED STATES COURT OF FEDERAL CLAIMS 

OFFICE OF SPECIAL MASTERS 

MICHAEL ANTKOWIAK, 

 

 Petitioner, 

v. 

 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

 

 Respondent. 

 No. 20-1404V 

 Chief Special Master Corcoran 

 ECF 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION1

I. Procedural History 

On October 16, 2020 Michael Antkowiak (“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. He alleges that, as a result of receiving the influenza vaccine 

on October 18, 2017, he suffered from Guillain-Barré Syndrome (GBS). See Petition. On July 

27, 2021, respondent filed his Vaccine Rule 4(c) report, concluding that petitioner suffered 

GBS as defined by the Vaccine Injury Table, within the Table timeframe. ECF No. 18. On 

July 27, 2021, the Chief Special Master issued a ruling on entitlement, finding that petitioner 

was entitled to compensation for a GBS Table injury. ECF No. 20. 

II. Items of Compensation 

Based upon the evidence of record, respondent proffers that petitioner should be 

awarded a lump sum of $197,222.44, for all damages, including $195,000.00 representative of 

pain and suffering, and $2,222.44 representative of out-of-pocket medical and related 

                                                            

1

 This Proffer does not include attorneys’ fees and costs, which the parties intend to address 

after the Damages Decision is issued. 
expenses. This amount represents all elements of compensation to which petitioner is entitled 

under 42 U.S.C. § 300aa-15(a). Petitioner agrees. 

III. 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 following2: a lump sum payment of $197,222.44, in the 

form of a check payable to petitioner. 

IV. Summary of Recommended Payments Following Judgment 

Lump sum payable to petitioner, Michael Antkowiak: $197,222.44 

Respectfully submitted, 

 BRIAN M. BOYNTON 

 Acting Assistant Attorney General 

 

C. SALVATORE D’ALESSIO 

 Acting Director 

 Torts Branch, Civil Division 

 

 HEATHER L. PEARLMAN 

 Deputy Director 

 Torts Branch, Civil Division 

 ALEXIS B. BABCOCK 

Assistant Director 

Torts Branch, Civil Division 

                                                            

2 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.
s/ Tyler C. King 

 TYLER C. KING 

 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) 305-0730 

Tyler.King@usdoj.gov 

Dated: December 22, 2021