VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00694
Package ID: USCOURTS-cofc-1_20-vv-00694
Petitioner: Raymond Zalewski
Filed: 2021-02-05
Decided: 2021-07-09
Vaccine: influenza
Vaccination date: 2017-09-16
Condition: Guillain-Barre Syndrome (GBS), specifically, acute inflammatory demyelinating polyneuropathy
Outcome: compensated
Award amount USD: 65000

AI-assisted case summary:
Raymond Zalewski filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered from Guillain-Barre Syndrome (GBS), specifically acute inflammatory demyelinating polyneuropathy, as a result of an influenza vaccine administered on September 16, 2017. The respondent conceded that Mr. Zalewski is entitled to compensation, agreeing that his condition met the criteria set forth in the revised Vaccine Injury Table and the Qualifications and Aids to Interpretation, which provide a presumption of causation for GBS occurring between three and forty-two days after a seasonal flu vaccination, with no apparent alternative cause. Based on the respondent's concession and the evidence of record, the Chief Special Master issued a ruling on entitlement, finding Mr. Zalewski entitled to compensation. Subsequently, the parties reached a stipulation for damages. The respondent proffered an award of $65,000.00 for actual pain and suffering, which Mr. Zalewski agreed to. The court awarded Mr. Zalewski a lump sum payment of $65,000.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00694-0
Date issued/filed: 2021-03-09
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/05/2021) regarding 19 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00694-UNJ Document 21 Filed 03/09/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0694V
UNPUBLISHED
RAYMOND ZALEWSKI, Chief Special Master Corcoran
Petitioner, Filed: February 5, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Guillain-Barre Syndrome (GBS)
Respondent.
Edward M. Kraus, Law Offices of Chicago Kent, Chicago, IL, for petitioner.
Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
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. Petition at 1. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On February 5, 2021, 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 agrees that “petitioner has satisfied the criteria set forth in
the revised Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation
1 Because this unpublished ruling 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 ruling 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).

Case 1:20-vv-00694-UNJ Document 21 Filed 03/09/21 Page 2 of 2
(“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 5.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_20-vv-00694-1
Date issued/filed: 2021-07-09
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 06/09/2021) regarding 27 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00694-UNJ Document 31 Filed 07/09/21 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0694V
UNPUBLISHED
RAYMOND ZALEWSKI, Chief Special Master Corcoran
Petitioner, Filed: June 9, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Guillain-
Barre Syndrome (GBS)
Respondent.
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.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. 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 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 will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).

Case 1:20-vv-00694-UNJ Document 31 Filed 07/09/21 Page 2 of 4
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.
2

Case 1:20-vv-00694-UNJ Document 31 Filed 07/09/21 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
RAYMOND ZALEWSKI,
Petitioner, No. 20-694V
Chief Special Master Corcoran
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
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

Case 1:20-vv-00694-UNJ Document 31 Filed 07/09/21 Page 4 of 4
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
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