VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-01777 Package ID: USCOURTS-cofc-1_24-vv-01777 Petitioner: Wayne Bielski Filed: 2024-10-30 Decided: 2025-12-18 Vaccine: influenza Vaccination date: 2021-11-06 Condition: Guillain-Barre syndrome (GBS) and vaccine-related death Outcome: compensated Award amount USD: 470000 AI-assisted case summary: On October 30, 2024, Carol Bielski filed a petition as personal representative of the Estate of Wayne Bielski, her deceased spouse. She alleged that Mr. Bielski suffered Guillain-Barre syndrome (GBS) after receiving an influenza vaccination on November 6, 2021, and that his death on December 16, 2022 was related to the vaccine-caused GBS. The case was assigned to the Special Processing Unit. On August 5, 2025, respondent filed a Rule 4(c) report conceding entitlement. The concession stated that medical personnel at the Division of Injury Compensation Programs reviewed the petition and medical records and concluded that the claim satisfied the Vaccine Injury Table and Qualifications and Aids to Interpretation for influenza vaccine-associated GBS: onset between three and forty-two days after seasonal flu vaccination, with no apparent alternative cause. Respondent also conceded that Mr. Bielski's death was related to his GBS. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on August 6, 2025. The parties then submitted a joint stipulation on damages on December 16, 2025. On December 18, 2025, the chief special master adopted the stipulation and awarded compensation. The award was a lump-sum payment of $470,000.00, to be paid through petitioner's counsel's IOLTA account for prompt disbursement to the estate. The amount represented all damages available under Vaccine Act section 15(a). Carol Bielski was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC in Washington, D.C. Theory of causation field: Influenza vaccine (November 6, 2021) causing Table Guillain-Barre syndrome (GBS) and vaccine-related death. COMPENSATED. Carol Bielski filed October 30, 2024 as personal representative of the Estate of Wayne Bielski; Mr. Bielski died December 16, 2022. Respondent conceded in Rule 4(c) report August 5, 2025 that DICP medical personnel found Table/QAI criteria satisfied: GBS onset within the 3-42 day post-flu-vaccine window and no apparent alternative cause, and death related to GBS. Chief SM Brian H. Corcoran granted entitlement August 6, 2025 and awarded damages December 18, 2025 by joint stipulation. Award: $470,000 lump sum through counsel's IOLTA account for all section 15(a) damages. Attorney: Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington DC. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-01777-0 Date issued/filed: 2025-09-09 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 08/06/2025 ) regarding 19 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-01777-UNJ Document 22 Filed 09/09/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1777V CAROL BIELSKI, as Personal Chief Special Master Corcoran Representative of the ESTATE OF WAYNE BIELSKI, Filed: August 6, 2025 Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Benjamin Rex Eisenberg, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On October 30, 2024, Carol Bielski filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”) as personal representative of the Estate of her deceased spouse, Wayne Bielski. Petitioner alleges that Mr. Bielski suffered the Vaccine Injury Table injury of Guillain-Barre Syndrome (“GBS”) as the result of an influenza (“flu”) vaccine administered to him on November 6, 2021. Petition at ¶ 1. Petitioner further alleges that Mr. Bielski’s 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-01777-UNJ Document 22 Filed 09/09/25 Page 2 of 2 death on December 16, 2022 was related to his GBS, and that there has been no prior award or settlement of a civil action on Mr. Bielski’s behalf as a result of his injury. See Petition at ¶¶ 15, 17. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 5, 2025, 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 [m]edical personnel at the Division of Injury Compensation Programs, Department of Health and Human Services (DICP), have reviewed the petition and medical records filed in the case. 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 apparent alternative cause. 42 C.F.R. § 100.3 (a)(XIV)(D), (c)(15). Additionally, based on the medical records . . . , a preponderance of the evidence establishes that petitioner has met the statutory requirements in that Mr. Bielski’s death was related to his GBS. Id. at 6. 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-01777-1 Date issued/filed: 2026-01-26 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 12/18/2025) regarding 30 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-01777-UNJ Document 37 Filed 01/26/26 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1777V CAROL BIELSKI, as Personal Chief Special Master Corcoran Representative of the ESTATE OF WAYNE BIELSKI, Filed: December 18, 2025 Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Benjamin Rex Eisenberg, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On October 30, 2024, Carol Bielski filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”) as personal representative of the Estate of her deceased spouse, Wayne Bielski. Petitioner alleges that Mr. Bielski suffered the Vaccine Injury Table injury of Guillain-Barre Syndrome (“GBS”) as the result of an influenza (“flu”) vaccine administered to him on November 6, 2021. Petition at ¶ 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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 1:24-vv-01777-UNJ Document 37 Filed 01/26/26 Page 2 of 8 On August 6, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS. On December 16, 2025, Respondent filed the attached joint stipulation,3 requesting that I issued a decision awarding $470,000.00 to Petitioner. Stipulation at ¶ 8. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award Petitioner a lump sum payment of $470,000.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement 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.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Usually, a proffer is filed by Respondent if the parties have reached an informal agreement regarding the appropriate amount of compensation to be awarded after an entitlement determination. However, in a minority of cases, the parties may choose to file a joint stipulation instead, representing more of a compromise regarding the compensation to be awarded. 4 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 1:24-vv-01777-UNJ Document 37 Filed 01/26/26 Page 3 of 8 Case 1:24-vv-01777-UNJ Document 37 Filed 01/26/26 Page 4 of 8 Case 1:24-vv-01777-UNJ Document 37 Filed 01/26/26 Page 5 of 8 Case 1:24-vv-01777-UNJ Document 37 Filed 01/26/26 Page 6 of 8 Case 1:24-vv-01777-UNJ Document 37 Filed 01/26/26 Page 7 of 8 Case 1:24-vv-01777-UNJ Document 37 Filed 01/26/26 Page 8 of 8 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_24-vv-01777-cl-extra-11314134 Date issued/filed: 2026-04-21 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10846767 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1777V CAROL BIELSKI, as Personal Representative of the ESTATE OF Chief Special Master Corcoran WAYNE BIELSKI, Filed: March 16, 2026 Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Benjamin Rex Eisenberg, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On October 30, 2024, Carol Bielski 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 alleged that Mr. Bielski suffered the Vaccine Injury Table injury of Guillain-Barre Syndrome as the result of an influenza vaccine administered to him on 1Because 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). November 6, 2021.Petition, ECF No. 1. On December 18, 2025, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 30. Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $33,026.29 (representing $20,298.00 in fees plus $12,728.29 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed January 19, 2026. ECF No. 35. Furthermore, Counsel represents that Petitioner incurred no personal out-of-pocket expenses. Id. at 1. Respondent reacted to the motion on January 15, 2026, indicating that he is satisfied that the statutory requirements for an award of attorneys’ fees and costs are met in this case but defers resolution of the amount to be awarded to my discretion. ECF No. 38 at 2-4. Petitioner filed a reply requesting an award of fees and costs as indicated in the Motion. ECF No. 39. I have reviewed the billing records submitted with Petitioner’s request. In my experience, the request appears reasonable, and I find no cause to reduce the requested hours or rates. Furthermore, Petitioner has provided supporting documentation for all claimed costs. ECF No. 35-2. Respondent offered no specific objection to the rates or amounts sought. I find the requested costs reasonable and hereby award them in full. The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney’s fees and costs. Petitioner is awarded attorneys’ fees and costs in the total amount of $33,026.29 (representing $20,298.00 in fees plus $12,728.29 in costs) to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement. In the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk of Court shall 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), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review. 2