Michael Antkowiak v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2021)
Case summary [AI summaries can sometimes make mistakes]
On October 16, 2020, Michael Antkowiak filed a Vaccine Program petition after receiving an influenza vaccine on October 18, 2017. He alleged that he suffered Guillain-Barre Syndrome that met the Table definition for GBS or, alternatively, was caused in fact by the flu vaccine.
Respondent conceded entitlement in a Rule 4(c) report filed July 27, 2021. Respondent concluded that Antkowiak satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for GBS.
Chief Special Master Brian H. Corcoran found him entitled to compensation that same day.
The public ruling does not provide a detailed onset or treatment history beyond the Table concession. Respondent filed a damages proffer on December 22, 2021, and Antkowiak agreed.
Chief Special Master Corcoran awarded a lump sum of $197,222.44 that day, payable to Antkowiak, consisting of $195,000.00 for pain and suffering and $2,222.44 for out-of-pocket medical and related expenses. He was represented by Brian L.
Cinelli of Marcus & Cinelli, LLP.
Theory of causation
Influenza vaccine (October 18, 2017) causing Guillain-Barre Syndrome meeting Table definition, alternatively causation-in-fact. COMPENSATED. Respondent conceded Table/QAI criteria for GBS; public ruling contains limited clinical detail beyond the concession. Entitlement granted by Chief Special Master Brian H. Corcoran on July 27, 2021; damages awarded December 22, 2021. Award: $197,222.44 lump sum payable to Michael Antkowiak ($195,000.00 pain and suffering + $2,222.44 out-of-pocket medical/related expenses). Attorney: Brian L. Cinelli, Marcus & Cinelli, LLP, Williamsville, NY.
Source PDFs
USCOURTS-cofc-1_20-vv-01404