Lawrence A. Marra, Jr. v. HHS - Influenza, necrotizing muscle myopathy (2018)

On October 29, 2018, Scott V. Bartkus, as administrator of the Estate of Lawrence A.

Marra, Jr., filed a petition in the National Vaccine Injury Compensation Program. The petition alleged that Mr.

Marra received an influenza vaccine on or about September 17, 2012, and subsequently suffered necrotizing muscle myopathy as a result of this vaccination. The petition further alleged that Mr.

Marra's death on February 12, 2018, was a sequela of the vaccine-related injury. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused Mr.

Marra's alleged necrotizing muscle myopathy or any other injury, and also denied that his death was a sequela of a vaccine-related injury. Despite these denials, the parties reached a joint stipulation to settle the case.

The stipulation stated that a decision should be entered awarding compensation to the petitioner. The terms of the stipulation provided for a lump sum payment of $95,000.00, payable to the petitioner as the legal representative of the Estate of Lawrence A.

Marra, Jr. This amount was intended to compensate for all damages available under 42 U.S.C. § 300aa-15(a).

Special Master Thomas L. Gowen reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court.

Judgment was ordered to be entered in accordance with the terms of the stipulation. The decision was issued on November 26, 2018.

The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism of injury. The names of petitioner counsel and respondent counsel are listed in the document.