Gary Koslica v. HHS - Influenza, left shoulder injuries (2019)

Gary Koslica filed a petition for compensation under the National Vaccine Injury Compensation Program on December 1, 2017. He alleged that he suffered left shoulder injuries resulting from an influenza vaccination administered on October 21, 2016.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused the petitioner's alleged injuries. The parties filed a joint stipulation on May 28, 2019, agreeing to settle the case and award compensation.

Chief Special Master Nora Beth Dorsey adopted the stipulation. As per the stipulation, Gary Koslica was awarded a lump sum of $95,000.00, payable by check to the petitioner, as compensation for all items of damages available under the Vaccine Act.

This case was treated as a Table claim for Shoulder Injury Related to Vaccine Administration (SIRVA). The decision was issued on August 14, 2019.

Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Traci R.

Patton of the U.S. Department of Justice.

The stipulation stated that it was a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, and was not an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused the alleged injuries. The public decision does not describe the onset of symptoms, specific medical tests, or treatments received by the petitioner.