In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 20-1440V

UNPUBLISHED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; GuillainBarre Syndrome (GBS)

Phillip S. Georges, Phillip S. Georges, PLLC, Nashville, TN, for Petitioner.

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

Respondent.

DECISION AWARDING DAMAGES1

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 22, 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 Petitioner entitled 

to compensation for his GBS. On March 22, 2022, Respondent filed a proffer on award 

of compensation (“Proffer”) indicating Petitioner should be awarded $115,000.00 in pain 

and suffering. Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees 

with the proffered award. Id. Based on the record as a whole, I find that Petitioner is 

entitled to an award as stated in the Proffer.

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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

Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump 

sum payment of $115,000.000, consisting of pain and suffering, 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 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. 20-1440V

Chief Special Master Corcoran

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On October 22, 2020, Richard Miszewski filed 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 Master 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 suffering, 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 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 following1: 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 the Court 

for appropriate relief. In particular, respondent would oppose any award for future lost earnings 

and future pain and suffering.
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