VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01561 Package ID: USCOURTS-cofc-1_17-vv-01561 Petitioner: Estate of Anthony J. Gartner Jr. Filed: 2017-10-19 Decided: 2021-05-04 Vaccine: influenza Vaccination date: 2015-10-22 Condition: anaphylaxis Outcome: compensated Award amount USD: 50000 AI-assisted case summary: 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. Theory of causation field: Petitioner alleged that Anthony J. Gartner Jr. received an influenza vaccine on October 22, 2015, developed anaphylaxis within the Table time period, and died on October 23, 2015, as a result of the injury. Respondent denied causation and that a Table injury occurred. The parties stipulated to a settlement. The Special Master adopted the stipulation, awarding $50,000.00 as a lump sum. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts. Petitioner counsel was Theodore G. Pashos, and respondent counsel was Zoe Wade. Special Master Thomas L. Gowen issued the decision on May 4, 2021. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01561-0 Date issued/filed: 2021-05-24 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 5/4/21) regarding 70 DECISION Stipulation/Proffer, Signed by Special Master Thomas L. Gowen. (kb) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01561-UNJ Document 71 Filed 05/24/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: May 4, 2021 * * * * * * * * * * * * * MATTHEW GARTNER, * as personal representative of the estate of * ANTHONY J. GARTNER, * UNPUBLISHED * Petitioner, * No. 17-1561V * v. * Special Master Gowen * SECRETARY OF HEALTH * Stipulation; Influenza (Flu); AND HUMAN SERVICES, * Anaphylaxis; Death. * Respondent. * * * * * * * * * * * * * * Theodore G. Pashos, Pashos Law, LLC, St. Charles, MO, for petitioner. Zoe Wade, United States Department of Justice, Washington, D.C., for respondent. DECISION ON STIPULATION1 On October 19, 2017, Matthew Gartner (“petitioner”) as personal representative of the Estate of Anthony J. Gartner Jr. (“decedent”) filed a petition for compensation in the National Vaccine Injury Compensation Program.2 Petition (ECF No. 1); see also Amended Petition filed January 19, 2021 (ECF No. 64). The petition seeks compensation for injuries allegedly related to the decedent’s receipt on October 22, 2015, of an influenza (“flu”) vaccine, which vaccine is contained in the Vaccine Injury Table (the “Table”). 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a reasoned explanation for the action in this case, I intend to post it on the website of the United States Court of Federal Claims. The Court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. Before the opinion is posted on the Court’s website, each party has 14 days to file a motion requesting redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). An objecting party must provide the Court with a proposed redacted version of the opinion. Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the Court’s website without any changes. Id. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended 42 U.S.C. §§ 300aa-10 to 34 (2012) (hereinafter “Vaccine Act” or “the Act”). Hereinafter, individual section references will be to 42 U.S.C. § 300aa of the Act. Case 1:17-vv-01561-UNJ Document 71 Filed 05/24/21 Page 2 of 7 The petition alleges that the decedent developed anaphylaxis following the administration of the flu vaccine, within the Table time period, and that his death on October 23, 2015, was a result of his alleged injury. On May 4, 2021, respondent filed a stipulation which provides that a decision should be entered awarding compensation to petitioner on behalf of the decedent’s estate. Stipulation (ECF No. 69). Respondent denies that the flu vaccine caused the decedent’s alleged anaphylaxis, any other injury, or his death, and further denies that the decedent sustained a Table injury. Id. at ¶ 6. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation described in paragraph 8 of the stipulation, which is attached hereto as Appendix A. Id. at ¶ 7. The stipulation awards a lump sum of $50,000.00 in the form of a check payable to petitioner, as legal representative of the Estate of Anthony J. Gartner, Jr. This lump sum represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). I adopt the stipulation as the decision of the Court and hereby award compensation in the amount and on the terms set forth therein. Accordingly, the Clerk of Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). 2 Case 1:17-vv-01561-UNJ Document 71 Filed 05/24/21 Page 3 of 7 Case 1:17-vv-01561-UNJ Document 71 Filed 05/24/21 Page 4 of 7 Case 1:17-vv-01561-UNJ Document 71 Filed 05/24/21 Page 5 of 7 Case 1:17-vv-01561-UNJ Document 71 Filed 05/24/21 Page 6 of 7 Case 1:17-vv-01561-UNJ Document 71 Filed 05/24/21 Page 7 of 7