Mark Zwartz v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
Mark Zwartz filed a petition on July 30, 2020, alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccination he received on September 27, 2017. Mr.
Zwartz stated the vaccination occurred in the United States, his injury effects lasted over six months, and he had no prior settlements or awards for this injury. The respondent denied that Mr.
Zwartz sustained a SIRVA Table injury within the Table timeframe or that the flu vaccine caused his injury. Despite the denial, the parties filed a joint stipulation on July 29, 2020, agreeing that compensation should be awarded.
Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as his decision.
Mr. Zwartz was awarded a lump sum of $55,000.00, representing compensation for all eligible damages.
The case proceeded as a Table claim, and the award was based on the stipulation. Petitioner counsel was Maximillian J.
Muller of Muller Brazil, LLP, and respondent counsel was Mallori Browne Openchowski of the U.S. Department of Justice.
Theory of causation
Petitioner Mark Zwartz alleged a left shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccination on September 27, 2017. Respondent denied the onset of a SIRVA Table injury within the Table timeframe and denied that the flu vaccine caused the alleged injury. The parties filed a joint stipulation agreeing to an award. Chief Special Master Brian H. Corcoran adopted the stipulation as his decision. Petitioner was awarded a lump sum of $55,000.00. The case proceeded as a Table claim. Petitioner counsel: Maximillian J. Muller. Respondent counsel: Mallori Browne Openchowski. Decision date: September 2, 2020.
Source PDFs
USCOURTS-cofc-1_19-vv-00029