VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00549
Package ID: USCOURTS-cofc-1_22-vv-00549
Petitioner: John Holubowicz
Filed: 2023-01-12
Decided: 2024-02-02
Vaccine: influenza
Vaccination date: 2020-10-15
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 116173

AI-assisted case summary:
John Holubowicz filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccination he received on October 15, 2020. The respondent conceded that Mr. Holubowicz is entitled to compensation, stating that his condition falls within the clinicopathological subtypes described in the Qualifications and Aids to Interpretation (QAIs), his symptom onset occurred within the specified timeframe after vaccination, his weakness did not have a more likely alternative diagnosis, and his condition did not meet any exclusionary criteria. The respondent further agreed that Mr. Holubowicz suffered residual effects for more than six months. Based on the respondent's concession and the evidence, the court found Mr. Holubowicz entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent proffered an award of $116,173.99, which included $115,000.00 for pain and suffering and $1,173.99 for past and future unreimbursable expenses. Mr. Holubowicz agreed with this proffered award. The court awarded Mr. Holubowicz a lump sum payment of $116,173.99.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_22-vv-00549-0
Date issued/filed: 2023-02-13
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/12/2023) regarding 19 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
--------------------------------------------------------------------------------
Case 1:22-vv-00549-UNJ Document 23 Filed 02/13/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0549V
UNPUBLISHED
JOHN HOLUBOWICZ, Chief Special Master Corcoran
Petitioner, Filed: January 12, 2023
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.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Austin Joel Egan, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On May 19, 2022, John Holubowicz 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 October 15, 2020. Petition at 1.
Petitioner further alleges that the residual effects of his GBS for more than six months.
Petition at ¶46. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On January 11, 2023, 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 experienced an acute monophasic
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 1:22-vv-00549-UNJ Document 23 Filed 02/13/23 Page 2 of 2
peripheral neuropathy that falls within one of the clinicopathological subtypes described
in the QAIs, Petitioner’s symptom onset occurred between three and forty-two days after
vaccination, Petitioner’s weakness did not have a more likely alternative diagnosis, and
Petitioner’s condition did not meet any of the exclusionary criteria.” Id. at 6. Respondent
further agrees that “Petitioner suffered the residual effects of his condition for more than
six months.” Id.
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_22-vv-00549-1
Date issued/filed: 2024-02-02
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 12/27/2023) regarding 36 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
--------------------------------------------------------------------------------
Case 1:22-vv-00549-UNJ Document 41 Filed 02/02/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0549V
JOHN HOLUBOWICZ, Chief Special Master Corcoran
Petitioner, Filed: December 27, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Austin Joel Egan, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On May 19, 2022, John Holubowicz 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”)
following an influenza vaccination he received on October 15, 2020. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On January 12, 2023, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for his GBS. On December 27, 2023, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $116,173.99,
representing $115,000.00 in pain and suffering and $1,173.99 in past and future
unreimbursable expenses. Proffer at 1-2. In the Proffer, Respondent represented that
Petitioner agrees with the proffered award. Id. Based on the record as a whole, I find that
Petitioner is entitled to an award as stated in the Proffer.
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018).

Case 1:22-vv-00549-UNJ Document 41 Filed 02/02/24 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $116,173.99, representing $115,000.00 in pain and suffering and
$1,173.99 in past and future unreimbursable 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 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 1:22-vv-00549-UNJ Document 41 Filed 02/02/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
JOHN HOLUBOWICZ, )
)
Petitioner, )
) No. 22-549V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On May 19, 2022, John Holubowicz (“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. Petitioner alleges that he suffered Guillain-Barré
Syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered to him on October
15, 2020. Petition at 1. On January 11, 2023, 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 for a GBS Table injury, and on January 12, 2023, the Chief Special
Master issued a Ruling on Entitlement finding petitioner was entitled to compensation. ECF
Nos. 18-19.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $115,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:22-vv-00549-UNJ Document 41 Filed 02/02/24 Page 4 of 5
B. Past and Future Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses and will incur future unreimbursable expenses related to her vaccine-related injury.
Respondent proffers that petitioner should be awarded past and future unreimbursable expenses
in the combined amount of $1,173.99. See 42 U.S.C. § 300aa-15(a)(1)(A)-(B). Petitioner
agrees.
These amounts represent all elements of compensation to which petitioner is 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 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 following1: a lump sum payment of $116,173.99, in the form of
a check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, John Holubowicz: $116,173.99
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
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 lost earnings
and future pain and suffering.
2

Case 1:22-vv-00549-UNJ Document 41 Filed 02/02/24 Page 5 of 5
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
/s/ AUSTIN J. EGAN
Austin J. Egan
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Tel: (202) 451-7479
Austin.J.Egan@usdoj.gov
Date: December 27, 2023
3