VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01320
Package ID: USCOURTS-cofc-1_17-vv-01320
Petitioner: Robert Malwitz
Filed: 2017-09-25
Decided: 2019-01-17
Vaccine: influenza
Vaccination date: 2016-09-14
Condition: Guillain-Barre syndrome
Outcome: compensated
Award amount USD: 102752

AI-assisted case summary:
Robert Malwitz filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine and a pneumococcal conjugate vaccine administered on September 14, 2016. The respondent, the Secretary of Health and Human Services, conceded entitlement to compensation, stating that Mr. Malwitz satisfied the criteria for a Table injury. Specifically, the respondent noted that the onset of GBS occurred within the Table-defined window following a seasonal flu vaccination, and there was no apparent alternative cause. A ruling on entitlement was issued on June 21, 2018, finding Mr. Malwitz entitled to compensation. Subsequently, on December 10, 2018, the parties submitted a proffer on award of compensation. The respondent recommended, and Mr. Malwitz agreed, that he should be awarded a lump sum payment of $102,752.51. This amount was designated to cover $100,000.00 for past and future pain and suffering, and $2,752.51 for past unreimbursed expenses. The decision awarding damages was issued on January 17, 2019, granting the lump sum payment to Robert Malwitz.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01320-0
Date issued/filed: 2018-09-26
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/21/2018) regarding 25 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01320-UNJ Document 31 Filed 09/26/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1320V
Filed: June 21, 2018
UNPUBLISHED
ROBERT MALWITZ,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Table Injury; Influenza (Flu); Guillain-
Barre Syndrome (GBS)
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
John Caldwell, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On September 25, 2017, Robert Malwitz (“petitioner”) 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-
Barre syndrome (“GBS”) as a result of an influenza (“flu”) vaccine and pneumococcal
conjugate vaccine (“Prevnar-13”) administered to him on September 14, 2016. Petition
at 1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On June 21, 2018, respondent filed his Rule 4(c) report in which he concedes
that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report
at 1. Specifically, respondent states that “petitioner has satisfied the criteria set forth in
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the
undersigned intends 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). 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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).

Case 1:17-vv-01320-UNJ Document 31 Filed 09/26/18 Page 2 of 2
the recently revised Vaccine Injury Table (Table) and the Qualifications and Aids to
Interpretation (QAI), which afford petitioner a presumption of causation if the onset of
GBS occurs between three and forty-two days after a seasonal flu vaccination and there
is no apparent alternative cause.” Id. at 6.
In view of respondent’s position and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-01320-1
Date issued/filed: 2019-01-17
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 12/10/2018) regarding 38 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01320-UNJ Document 41 Filed 01/17/19 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1320V
Filed: December 10, 2018
UNPUBLISHED
ROBERT MALWITZ,
Petitioner,
Special Processing Unit (SPU);
v.
Damages Decision Based on Proffer;
Influenza (Flu) Vaccine; Guillain-
SECRETARY OF HEALTH AND
Barre Syndrome (GBS)
HUMAN SERVICES,
Respondent.
John Caldwell, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On September 25, 2017, Robert Malwitz (“petitioner”) 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”) as a result of an influenza (“flu”) vaccine and pneumococcal
conjugate vaccine (“Prevnar-13”) administered to him on September 14, 2016. Petition
at 1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On June 21, 2018, a ruling on entitlement was issued, finding petitioner entitled
to compensation for GBS. On December 10, 2018, respondent filed a proffer on award
1 The undersigned intends to post this decision on the United States Court of Federal Claims' website.
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, the
undersigned agrees that the identified material fits within this definition, the undersigned will redact such
material from public access. Because this unpublished decision contains a reasoned explanation for the
action in this case, undersigned is 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).
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).

Case 1:17-vv-01320-UNJ Document 41 Filed 01/17/19 Page 2 of 5
of compensation (“Proffer”) indicating petitioner should be awarded a lump sum
payment of $102,752.51 (representing $100,000.00 for past and future pain and
suffering, and $2,752.51 for past unreimbursed expenses). Proffer at 2. In the Proffer,
respondent represented that petitioner agrees with the proffered award. Based on the
record as a whole, the undersigned finds that petitioner is entitled to an award as stated
in the Proffer. Id.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $102,752.51 (representing $100,000.00 for past
and future pain and suffering, and $2,752.51 for past unreimbursed expenses) in the
form of a check payable to petitioner, Robert Malwitz. 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/Nora Beth Dorsey
Nora Beth Dorsey
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.
2

Case 1:17-vv-01320-UNJ Document 41 Filed 01/17/19 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ROBERT MALWITZ, )
)
Petitioner, ) No. 17-1320V
) Chief Special Master
v. ) Nora Beth Dorsey
) ECF
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On June 21, 2018, respondent filed a Rule 4 (c) Report conceding entitlement in
this case. On June 21, 2018, the Chief Special Master issued a Ruling on Entitlement
finding that petitioner is entitled to vaccine compensation. Respondent proffers based on
the evidence in the record that petitioner should be awarded $102,752.51. This amount
represents all elements of compensation to which petitioner would be entitled under 42
U.S.C. § 300aa-15(a). Petitioner agrees.
II. Items of Compensation and Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through lump sum payments as described below, and request that the Special Master’s
decision and the Court’s judgment award the following:1
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 medical expenses, future lost earnings, and future pain and suffering.

Case 1:17-vv-01320-UNJ Document 41 Filed 01/17/19 Page 4 of 5
A. Petitioner’s Damages
A lump sum payment of $102,752.51 (representing $100,000.00 for past
and future pain and suffering, and $2,752.51 for past unreimbursed expenses), in
the form of a check payable to petitioner, Robert Malwitz. This amount accounts
for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which
petitioner would be entitled.
B. Guardianship
Petitioner is a competent adult. Evidence of guardianship is not required in this
case.
III. Summary of Recommended Payments Following Judgment
A. Lump sum paid to petitioner $102,752.51
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division

Case 1:17-vv-01320-UNJ Document 41 Filed 01/17/19 Page 5 of 5
s/Linda S. Renzi
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
Ben Franklin Station, P.O. Box 146
Washington, D.C. 20044-0146
Tel.: (202) 616-4133
DATE: December 10, 2018