John Solak v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)
Case summary [AI summaries can sometimes make mistakes]
John Solak filed a petition for compensation under the National Vaccine Injury Compensation Program on April 3, 2017. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 31, 2015.
Mr. Solak stated that the vaccine was administered in the United States and that he experienced residual effects from the injury for more than six months.
He also affirmed that he had not filed a lawsuit or received other compensation for his vaccine-related injuries. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused Mr.
Solak's shoulder injury or any other injury. Despite the respondent's denial, both parties filed a joint stipulation on October 5, 2018, agreeing that compensation should be awarded.
Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the Court's decision. Mr.
Solak was awarded a lump sum of $30,000.00, payable by check to the petitioner. This amount was intended to compensate for all damages available under the Vaccine Act.
The decision directed the clerk of the court to enter judgment accordingly. The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or expert witnesses involved in this case.
Petitioner was represented by Isaiah Richard Kalinowski of Maglio Christopher & Toale, PA, and respondent was represented by Robert Paul Coleman, III of the U.S. Department of Justice.
Theory of causation
Petitioner John Solak alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on October 31, 2015. The respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation resulted in a $30,000.00 lump sum award. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The case was resolved via stipulation, not through litigation of entitlement.
Source PDFs
USCOURTS-cofc-1_17-vv-00472