VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01404
Package ID: USCOURTS-cofc-1_20-vv-01404
Petitioner: Michael Antkowiak
Filed: 2021-07-27
Decided: 2021-12-22
Vaccine: influenza
Vaccination date: 2017-10-18
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 197222.44

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01404-0
Date issued/filed: 2021-08-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/27/2021) regarding 20 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01404-UNJ Document 22 Filed 08/27/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1404V
UNPUBLISHED
MICHAEL ANTKOWIAK, Chief Special Master Corcoran
Petitioner, Filed: July 27, 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.
Brian L. Cinelli, Marcus & Cinelli, LLP, Williamsville, NY, for Petitioner.
Tyler King, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On October 16, 2020, Michael Antkowiak 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”) which
meets the Table definition for GBS or which, in the alternative, was caused in fact by the
influenza vaccine he received on October 18, 2017. Petition at ¶ 1. Petitioner also alleged
that he received the vaccine in the United States and that neither he nor any other party
has filed a civil action or received an award for his GBS. Id. at ¶ 2. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
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-01404-UNJ Document 22 Filed 08/27/21 Page 2 of 2
On July 27, 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 believes Petitioner has satisfied the criteria set forth in the
Vaccine Injury Table and the Qualifications and Aids to Interpretation. Id. at 14.
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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_20-vv-01404-1
Date issued/filed: 2022-01-25
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 12/22/2021) regarding 28 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01404-UNJ Document 32 Filed 01/25/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1404V
UNPUBLISHED
MICHAEL ANTKOWIAK, Chief Special Master Corcoran
Petitioner, Filed: December 22, 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.
Brian L. Cinelli, Marcus & Cinelli, LLP, Williamsville, NY, for Petitioner.
Tyler King, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On October 16, 2020, Michael Antkowiak 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”) which
meets the Table definition for GBS or which, in the alternative, was caused in fact by the
influenza vaccine he received on October 18, 2017. Petition at ¶ 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On July 27, 2021, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for his GBS. On December 22, 2021, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $197,222.44,
representing compensation in the amounts of $195,000.00 for his pain and suffering and
$2,222.44 for his out-of-pocket expenses. Proffer at 1-2. In the Proffer, Respondent
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 Section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:20-vv-01404-UNJ Document 32 Filed 01/25/22 Page 2 of 5
represented that Petitioner agrees with the proffered award. Id. at 2. 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 $197,222.44, representing compensation in the amounts of
$195,000.00 for his pain and suffering and $2,222.44 for his out-of-pocket expenses
in the form of a check payable to Petitioner. This amount represents compensation for
all damages that would be available under Section 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-01404-UNJ Document 32 Filed 01/25/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MICHAEL ANTKOWIAK,
Petitioner,
v. No. 20-1404V
Chief Special Master Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On October 16, 2020 Michael Antkowiak (“petitioner”) filed a petition for
compensation (“petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C.
§§ 300aa-1 to -34, as amended. He alleges that, as a result of receiving the influenza vaccine
on October 18, 2017, he suffered from Guillain-Barré Syndrome (GBS). See Petition. On July
27, 2021, respondent filed his Vaccine Rule 4(c) report, concluding that petitioner suffered
GBS as defined by the Vaccine Injury Table, within the Table timeframe. ECF No. 18. On
July 27, 2021, the Chief Special Master issued a ruling on entitlement, finding that petitioner
was entitled to compensation for a GBS Table injury. ECF No. 20.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be
awarded a lump sum of $197,222.44, for all damages, including $195,000.00 representative of
pain and suffering, and $2,222.44 representative of out-of-pocket medical and related
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address
after the Damages Decision is issued.

Case 1:20-vv-01404-UNJ Document 32 Filed 01/25/22 Page 4 of 5
expenses. This amount represents all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
III. 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 should be made through
a lump sum payment as described below and requests that the Chief Special Master’s decision
and the Court’s judgment award the following2: a lump sum payment of $197,222.44, in the
form of a check payable to petitioner.
IV. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Michael Antkowiak: $197,222.44
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
2 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 pain
and suffering.

Case 1:20-vv-01404-UNJ Document 32 Filed 01/25/22 Page 5 of 5
s/ Tyler C. King
TYLER C. KING
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 305-0730
Tyler.King@usdoj.gov
Dated: December 22, 2021