Matthew Gartner v. HHS - Influenza, anaphylaxis (2021)
Case summary [AI summaries can sometimes make mistakes]
On October 19, 2017, Matthew Gartner, as personal representative of the Estate of Anthony J. Gartner Jr., filed a petition for compensation in the National Vaccine Injury Compensation Program.
The petition alleged that the decedent received an influenza vaccine on October 22, 2015, and subsequently developed anaphylaxis within the time period specified by the Vaccine Injury Table. The petition further alleged that the decedent's death on October 23, 2015, was a result of this alleged injury.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused the anaphylaxis, any other injury, or the death, and also denied that the decedent sustained a Table injury. Despite these denials, the parties entered into a stipulation to settle the case.
The stipulation provided for a decision awarding compensation to the petitioner on behalf of the decedent's estate. Special Master Thomas L.
Gowen adopted the stipulation. The decision awarded a lump sum of $50,000.00, payable by check to the petitioner as legal representative of the estate, as compensation for all damages.
Theodore G. Pashos represented the petitioner, and Zoe Wade represented the respondent.
The decision was filed on May 4, 2021.