VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-01489 Package ID: USCOURTS-cofc-1_24-vv-01489 Petitioner: John A. Kowalczyk Filed: 2024-09-23 Decided: 2025-10-28 Vaccine: influenza Vaccination date: 2023-10-02 Condition: Guillain-Barre syndrome Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: On September 23, 2024, John A. Kowalczyk filed a petition alleging that an influenza vaccine administered on October 2, 2023 caused Guillain-Barre syndrome. Respondent conceded entitlement in a Rule 4(c) report, agreeing that Mr. Kowalczyk met the Vaccine Injury Table requirements for GBS following seasonal influenza vaccination. The public ruling does not describe the first neurologic symptoms, diagnostic testing, hospitalization, IVIG or plasma exchange, rehabilitation, or residual limitations. Chief Special Master Brian H. Corcoran found entitlement on October 28, 2025. Damages remained to be determined. Theory of causation field: Influenza vaccine October 2, 2023 causing Table GBS; adult, exact age not stated. ENTITLEMENT CONCEDED; damages pending. Public ruling lacks neurologic chronology. Chief SM Brian H. Corcoran; petition September 23, 2024; decision October 28, 2025. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-01489-0 Date issued/filed: 2025-12-04 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 10/28/2025) regarding 24 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-01489-UNJ Document 26 Filed 12/04/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1489V JOHN A. KOWALCZYK, Chief Special Master Corcoran Petitioner, v. Filed: October 28, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Michael S. Meyer, Bartimus Frickleton Robertson Rader, P.C., Leawood, KS, for Petitioner. Emily Hanson, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On September 23, 2024, John A. Kowalczyk 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 developed the Vaccine Injury Table injury of Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine he received on October 2, 2023, Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On October 24, 2025, Respondent filed a 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 effective Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation 1 Because this Ruling 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 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 (2018). Case 1:24-vv-01489-UNJ Document 26 Filed 12/04/25 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 5-6 (citing 42 C.F.R. §§ 100.3(a)(XIV)(D), (c)(15)). 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_24-vv-01489-cl-extra-11214112 Date issued/filed: 2025-12-04 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10747527 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1489V JOHN A. KOWALCZYK, Chief Special Master Corcoran Petitioner, v. Filed: October 28, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Michael S. Meyer, Bartimus Frickleton Robertson Rader, P.C., Leawood, KS, for Petitioner. Emily Hanson, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On September 23, 2024, John A. Kowalczyk 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 developed the Vaccine Injury Table injury of Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine he received on October 2, 2023, Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On October 24, 2025, Respondent filed a 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 effective Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation 1 Because this Ruling 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 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 (2018). (“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 5-6 (citing 42 C.F.R. §§ 100.3(a)(XIV)(D), (c)(15)). 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