# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 1440 V

UNPUBLISHED

RICHARD MISZEWSKI

,

Petitioner,

v.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: March 23, 2022

Special Processing Unit (SPU); Damages Decision Based on Proffer; Influenza (Flu) Vaccine; Guillain

Barre Syndrome (GBS)

Phillip S. Georges, Phillip S. Georges , PLLC, Na sh ville, TN , for Petitioner.

Colleen Clemons Hartley , U.S. Department of Justice, Washington, DC, for
Respondent.

DECISION AWARDING DAMAGES 1

On October 22, 2020

, Richard Miszewski 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 from Guillain

- Barre Syndrome ( “ GBS ” ) as a result of an influenza ( “ flu ” ) vaccine he received on January 2 2, 2019

. Petition at 1

. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On March 22, 2022

, a ruling on entitlement was issued , finding P etitioner entitled
to compensation for his GBS . On March 22, 2022

, R espondent filed a p roffer on a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 115,000.00 in pain and suffering

. Proffer at 1

. In the Proffer, R espondent represented that P etitioner agrees with the proffered award. Id. Based on the record as a whole, I find that P etitioner is

entitled to an award as stated in the Proffer.

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am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 f its 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 p ertinent subparagraph of 42 U.S.C. § 300aa (2012).2 Pursuant to the terms stated in the attached Proffer, I award P etitioner a lump sum payment of $ 115,000.000 , consis ting of pain and suffering, 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 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.1 IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

RICHARD MISZEWSKI,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN

SERVICES,

Respondent. )
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) No . 20

- 1440 V
Chief Special Master Corcoran

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On October 22, 2020

, Richard Miszewski fil ed a petition for compensation under the

National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa

- 1 to

- 34 (“Vaccine Act” or

“Act”), alleging that he suffered Guillain

- Barre Syndrome (“GBS ”)

, as defined in the Vaccine

Injury Table, following administration of an influenza vaccine he received on January 22, 2018

.

Petition at Introduction. On March 21, 2022 , the Secretary of Health and Human Services

( “respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation

under the terms of the Act for a GBS Table injury

. ECF 21. On March 22, 2022

, the Chief

Special M aster issued a Ruling on Entitlement finding that petitioner was entitled to

compensation

. ECF 23.

I. Item of Compensation

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

$ 115,000.00 , consisting of pain and su ffering

, which represents all elements of compensation to

which petitioner would be entitled under 42 U.S.C. § 300aa

- 15(a). Petitioner agrees.2 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 petiti oner 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 $ 115 ,000.00, in the form of

a check payable to petitioner.

III. Summary of Recommended Payment Following Judgment

Lump sum payable to petitioner, Richard Miszewski : $ 115,000.00

Respectfully submitted,

BRIAN M. BOYNTON Principal Deputy Assistant Attorney General

C. SALVATORE D’ALESSIO Acting Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN Deputy Director
Torts Branch, Civil Division

DARRYL R. WISHARD

Assistant Director
Torts Branch, Civil Division

1 Should petitioner die prior to entry of judgment, the parties reserve the right to move t he Court
for appropriate relief. In particular, respondent would oppose any award for future lost earnings
and future pain and s uffering.3 /s/ Colleen C. Hartley

COLLEEN C. HARTLEY Trial Attorney

Torts Branch, Civil Division
U.S. Department of Justice

P.O. Box 146 Benjamin Franklin Station
Washington, D.C. 20044

- 0146

Phone: (202) 616

- 3644 Email: colleen.hartley@usdoj.gov DATED: March 22, 2022