Gary Martz v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2015)

Gary Martz, a married man, filed a petition on December 9, 2014, alleging that he suffered a left arm injury, diagnosed as a shoulder injury related to vaccine administration (SIRVA), as a result of an influenza vaccine he received on September 1, 2012. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on September 9, 2014, conceding that Mr.

Martz suffered from SIRVA and recommending compensation. The parties subsequently entered into a stipulation and proffer regarding an award of compensation.

On December 9, 2014, Special Master Laura D. Millman issued a decision awarding a lump sum payment of $120,000.00, representing all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).

This award was to be paid via a check made payable to petitioner. Later, on January 22, 2015, the parties filed a stipulation of facts regarding attorneys' fees and costs.

Petitioner initially requested $32,236.81, but after respondent raised objections, the amount was amended to $23,415.00, which respondent did not object to. Special Master Millman found this amount to be reasonable and awarded $23,415.00 for attorneys' fees and costs, to be paid via a check made payable jointly to petitioner and the Law Offices of Jay A.

Bansal. The total award for compensation, fees, and costs was $143,415.00.

Petitioner was represented by Jay A. Bansal, and respondent was represented by Ann D.

Martin. The case was decided by Special Master Laura D.

Millman.