# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 0694 V

UNPUBLISHED

RAYMOND ZALEWSKI

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: June 9, 2021

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

Barre Syndrome (GBS)

Edward M. Kraus, Law Offices of Chicago Kent, Chicago, IL , for petitioner.

Alexa Roggenkamp , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

On June 9, 2020

, Raymond Zalewski 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”)

, specifically, acute inflammatory demyelinating polyneuropathy, as a result of an influenza (“flu”) vaccine administered on September 16, 2017 . Petit ion at 1 . The case was assigned to the Special Processing Unit of the Office of Special Masters.

On February 5, 2021

, a ruling on entitlement was issued , finding P etitioner entitled to compensation for GBS . On June 8, 2021

, R espondent filed a p roffer on a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 65,000.00

. Proffer at

1

- 2

. In the Proffer, R espondent represented that P etitioner agrees with the proffered

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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

Government 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 “§” references to the Vaccine Act wi ll be to the pertinent subpara graph of 42 U.S.C. § 300aa (2012 ).2

award. Id. 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 $ 65,000.00 (for actual pain a nd suffering) in the form of a check payable to P etitioner

. This amount represents compensation for all damages that w ould be available under § 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 fil ing of notice renouncing the right to seek review.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

RAYMOND ZALEWSKI,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. No. 20

- 694V Chief Special Master Corcoran

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On June 9, 2020, Raymond Zalewski (“petitioner”), filed a Petition for compensation

under the National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or

“the Act”), 42 U.S.C. §§ 300aa

- 1 to

- 34 , alleging that he suffered Guillain

- Barre syndrome

(“GBS”), specifically, a cute inflammatory demyelinating polyneuropathy (“AIDP”), as a result

of an influenza (“flu”) vaccine administered to him on September 16, 2017. Petition (“Pet.”) at

1. On February 5, 2021 , 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,

and the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to

compensat ion . ECF No. 19 ; ECF No. 20

.

I. Items of Compensation

Pain and Suffering

Respond ent proffers that petitioner, Raymond Zalewski

, should be awarded $65,000.00

in actual pain and suffering. See 42 U.S.C. § 300aa

- 15(a)(4). Petitioner agrees.

The above amounts represent all elements of compensation to which petitioner would be2 entitled under 42 U.S.C. § 300aa

- 15(a). Petitioner agrees.

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 be made through a lump

sum payment as described below:

A lump sum payment of $ 65,000 .00, in the form of a check payable to petitioner,

Raymond Zalewski

.

Respectfully submitted,

BRIAN M. BOYNTON Acting Assistant Attorney General

C. SALVATORE D’ALESSIO Acting Director
Torts Branch, Civil Division

HEATHER L. PEARLMAN Acting Deputy Director

Torts Branch, Civil Division

DARRYL R. WISHARD

Assistant Director
Torts Branch, Civil Division

/s/ Alexa Roggenkamp

ALEXA ROGGENKAMP Trial Attorney
Torts Branch, Civil Division U.S. Department of Justice

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

- 0146 (202) 616

- 4179 alexa.roggenkamp@usdoj.gov

DATED: Ju ne 8, 2021