VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00565
Package ID: USCOURTS-cofc-1_18-vv-00565
Petitioner: Frank Schwentker
Filed: 2018-04-19
Decided: 2022-11-08
Vaccine: influenza
Vaccination date: 2016-10-04
Condition: central nervous system ("CNS") vasculitis
Outcome: compensated
Award amount USD: 50000

AI-assisted case summary:
Frank Schwentker filed a petition for compensation under the National Vaccine Injury Compensation Program on April 19, 2018, alleging he developed central nervous system (CNS) vasculitis after receiving an influenza vaccine on October 4, 2016. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the petitioner's injury. Despite the denial, the parties reached a settlement. On October 11, 2022, they filed a joint stipulation agreeing to resolve the case. As part of the settlement, the respondent agreed to pay Mr. Schwentker a lump sum of $50,000.00, payable by check to the petitioner. This amount is intended to compensate for all damages available under the program. Special Master Mindy Michaels Roth adopted the stipulation and directed that judgment be entered in accordance with the decision, awarding the agreed-upon compensation. Petitioner was represented by Edward Kraus, Esq., and respondent was represented by Colleen Hartley, Esq. The public decision does not describe the onset of symptoms, specific clinical details, medical tests, treatments, or expert witnesses.

Theory of causation field:
Petitioner Frank Schwentker alleged that he developed central nervous system (CNS) vasculitis after receiving an influenza vaccine on October 4, 2016. Respondent denied causation. The parties reached a settlement, agreeing to resolve the case via joint stipulation filed on October 11, 2022. Respondent agreed to pay a lump sum of $50,000.00 to compensate for all damages. Special Master Mindy Michaels Roth adopted the stipulation and directed judgment. The public text does not specify the theory of causation, medical experts, or the mechanism of injury. Petitioner was represented by Edward Kraus, Esq., and respondent was represented by Colleen Hartley, Esq.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00565-0
Date issued/filed: 2022-11-08
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/11/2022) regarding 67 DECISION Stipulation. Signed by Special Master Mindy Michaels Roth. (msg) Service on parties made.
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Case 1:18-vv-00565-UNJ Document 74 Filed 11/08/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-565V
Filed: October 11, 2022
* * * * * * * * * * * * *
FRANK SCHWENTKER, * UNPUBLISHED
*
Petitioner, * Decision on Joint Stipulation;
* Central Nervous System (“CNS”)
v. * Vasculitis; Influenza (“flu”)
* Vaccine.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Edward Kraus, Esq., Kraus Law Group, LLC, Chicago, IL, for petitioner.
Colleen Hartley, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On April 19, 2018, Frank Schwentker [“Mr. Schwentker or “petitioner”] filed a petition for
compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that
he developed central nervous system (“CNS”) vasculitis after receiving the influenza (“flu”)
vaccine on October 4, 2016. Stipulation, filed October 11, 2022, at ¶¶ 1-4. Respondent denies that
the flu vaccine caused petitioner’s injury. Stipulation at ¶ 6.
1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the
Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-
347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision
will be available to anyone with access to the internet. However, the parties may object to the Decision’s
inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party
has fourteen days within which to request 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). Otherwise, the whole Decision will be available to the public. Id.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).
1

Case 1:18-vv-00565-UNJ Document 74 Filed 11/08/22 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. On October 11, 2022, the parties
filed a joint stipulation agreeing to settle this case and describing the settlement terms.
Respondent agrees to issue the following payment:
A lump sum of $50,000.00 in the form of a check payable to petitioner, Frank
Schwentker. This amount represents compensation for all damages that would be
available under § 300aa-15(a).
I adopt the parties’ stipulation attached hereto, and award compensation in the amount and
on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance
with this decision.3
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.
2

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