In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 20-0694V

UNPUBLISHED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; GuillainBarre 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 DAMAGES1

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.

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(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. Petition 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 Petitioner entitled 

to compensation for GBS. On June 8, 2021, Respondent filed a proffer on award of 

compensation (“Proffer”) indicating Petitioner should be awarded $65,000.00. Proffer at 

1-2. In the Proffer, Respondent represented that Petitioner 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa 

(2012).
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award. Id. 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 $65,000.00 (for actual pain and suffering) in the form of a check 

payable to Petitioner. This amount represents compensation for all damages that would 

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 filing 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, acute 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 

compensation. ECF No. 19; ECF No. 20. 

I. Items of Compensation

Pain and Suffering

Respondent 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 be 
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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: June 8, 2021