VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01296
Package ID: USCOURTS-cofc-1_21-vv-01296
Petitioner: David Drapiewski
Filed: 2021-04-30
Decided: 2022-12-30
Vaccine: influenza
Vaccination date: 2019-11-15
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 132018

AI-assisted case summary:
David Drapiewski filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered from Guillain-Barré Syndrome (GBS) as a result of an influenza vaccination he received on November 15, 2019. The respondent conceded that Mr. Drapiewski is entitled to compensation, stating that his case met the criteria set forth in the Vaccine Injury Table for GBS, with onset between three and forty-two days after vaccination and no apparently alternative cause. The respondent also confirmed that the case was timely filed, the vaccine was received in the United States, and Mr. Drapiewski satisfied the statutory severity requirement by suffering residual effects for more than six months. Based on the respondent's concession and the evidence, the Chief Special Master ruled that Mr. Drapiewski was entitled to compensation. Subsequently, a decision awarding damages was issued, granting Mr. Drapiewski a lump sum payment of $132,018.01, which he agreed to as full compensation for all damages.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-01296-0
Date issued/filed: 2022-12-28
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/23/2022) regarding 32 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-01296-UNJ Document 40 Filed 12/28/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1296V
UNPUBLISHED
DAVID DRAPIEWSKI, Chief Special Master Corcoran
Petitioner, Filed: November 23, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza Vaccine;
Guillain-Barre Syndrome (GBS)
Respondent.
Jessi Carin Huff, Maglio Christopher & Toale, Seattle, WA, for Petitioner.
Nancy Tinch, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 30, 2021, David Drapiewski 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-Barré Syndrome (“GBS”)
as a result of an influenza vaccination he received on November 15, 2019. Petition at ¶8,
14. Petitioner further alleges that he has suffered the residual effects of his injury for more
than six months. Petition at ¶18. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On November 22, 2022, Respondent filed his Rule 4(c) Report and Proffer on
Damages (“Rule 4/Proffer”) in which he concedes that Petitioner is entitled to
compensation in this case. Respondent’s Rule 4/Proffer at 1. Specifically, Respondent
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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:21-vv-01296-UNJ Document 40 Filed 12/28/22 Page 2 of 2
states that “it is Respondent’s position that Petitioner has satisfied the criteria set forth in
the 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 apparently
alternative cause.” Id. at 4-5. Further, Respondent state that “the records show that the
case was timely filed, that the vaccine was received in the United States, and that
Petitioner satisfies the statutory severity requirement by suffering the residual effects or
complications of his injury for more than six months after vaccine administration.” 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_21-vv-01296-1
Date issued/filed: 2022-12-30
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/23/2022) regarding 33 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-01296-UNJ Document 41 Filed 12/30/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1296V
UNPUBLISHED
DAVID DRAPIEWSKI, Chief Special Master Corcoran
Petitioner, Filed: November 23, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza Vaccine; Guillain-Barre
Syndrome (GBS)
Respondent.
Jessi Carin Huff, Maglio Christopher & Toale, Seattle, WA, for Petitioner.
Nancy Tinch, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 30, 2021, David Drapiewski 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-Barré Syndrome (“GBS”)
as a result of an influenza vaccination he received on November 15, 2019. Petition at ¶8,
14. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On November 22, 2022, Respondent filed a Rule 4(c) Report and Proffer (“Rule
4/Proffer”). ECF No. 31. On November 23, 2022, a ruling on entitlement was issued,
finding Petitioner entitled to compensation for his GBS. Respondent’s Rule 4/Proffer
indicates that Petitioner should be awarded $132,018.01. Rule 4/Proffer at 5. In the Rule
4/Proffer, Respondent represented that Petitioner agrees with the proffered award. Id.
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 1:21-vv-01296-UNJ Document 41 Filed 12/30/22 Page 2 of 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 Rule 4/Proffer, I award Petitioner a lump sum
payment of $132,018.01 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 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