# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 1404 V
UNPUBLISHED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; Guillain

Barre Syndrome (GBS)

Brian L. Cinelli, Marcus & Cinelli, LLP, Williamsville, NY , for P etitioner.

Tyler King

, U.S. Department of Justice, Washington, DC, for R espondent.

DECISION AWARDING DAMAGES 1

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

. Petit ion 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 P etitioner entitled to compensation for his GBS . On December 22, 2021

, R espondent filed a p roffer on a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 197,222.44, representing compensation in the amounts of $195,000.00 for his pain and suffering and $2 ,22 2.44 for his out

- of

- pocket expenses

. Proffer at 1

- 2

. In the Proffer, R espondent

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 E

Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the D ecision 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 pert inent subpara graph of 42 U.S.C. § 300aa (2012 ).2

represented that P etitioner agrees with the proffered award. Id. at 2. Based on the record as a whole, I find that P etitioner is entitled to an award as stated in the Proffer.

Pursuant to the terms stated in the attached Proffer, I award P etitioner a lump sum payment of $ 197,222.44 , representing c ompensation 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 P etitioner

. This amount represents compensation for all damages that w ould 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 CO URT 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 COMPENSATION 1

I. Procedural History

On October 16, 2020 Michael Antkowiak (“petitioner”) file d a petition for

compensation (“petition”) under the National Ch ildhood 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, w ithin 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, responde nt proffers that petitioner should be

awarded a lump sum of $197,222.44, for all da mages, 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 whic h 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 requ ired in this case.

Respondent recommends that the compensation provided to petitioner should be made through

a lump sum payment as described below and requ ests that the Chief Special Master’s decision

and the Court’s judgment award the following 2 : 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