VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00029
Package ID: USCOURTS-cofc-1_19-vv-00029
Petitioner: Mark Zwartz
Filed: 2020-07-30
Decided: 2020-09-02
Vaccine: influenza
Vaccination date: 2017-09-27
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 55000

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00029-0
Date issued/filed: 2020-09-02
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 07/30/2020) regarding 26 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00029-UNJ Document 32 Filed 09/02/20 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-29V
UNPUBLISHED
MARK ZWARTZ, Chief Special Master Corcoran
Petitioner, Filed: July 30, 2020
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages; Influenza
HUMAN SERVICES, (Flu) Vaccine; Shoulder Injury
Related to Vaccine Administration
Respondent. (SIRVA)
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION ON JOINT STIPULATION1
On January 4, 2019, Mark Zwartz filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). Petitioner alleges that he suffered a left shoulder injury related to vaccine
administration (“SIRVA”) caused by an influenza (“flu”) vaccination administered on
September 27, 2017. Petition at 1; Stipulation, filed at July 29, 2020, ¶¶ 1, 2. Petitioner
further alleges that the vaccination was administered within the United States, that he
suffered the effects of his injury for more than six months, and that there has been no
prior award or settlement of a civil action for damages on his behalf as a result of his
alleged injuries. Petition at 3; Stipulation at ¶¶ 3-5. “Respondent denies that Petitioner
sustained the onset of a SIRVA Table injury within the Table timeframe and denies that
the flu vaccine caused Petitioner’s alleged left shoulder injury or any other injury.”
Stipulation at ¶ 6.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am
required to post it on the United States Court of Federal Claims' website in accordance with the E-
Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic
Government Services). This means the decision will be available to anyone with access to the
internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact
medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy.
If, upon review, I agree that the identified material fits within this definition, I will redact such material from
public access.
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).

Case 1:19-vv-00029-UNJ Document 32 Filed 09/02/20 Page 2 of 8
Nevertheless, on July 29, 2020, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. I find the stipulation
reasonable and adopt it as my decision awarding damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $55,000.00 in the form of a check payable to Petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of damages
that would be available under Section 15(a). Id.
I approve the requested amount for Petitioner’s compensation. In the absence of
a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed
to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

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