Gene Bostwick, Jr. v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Gene Bostwick, Jr. filed a petition for compensation on December 5, 2019, alleging that an influenza vaccination he received on October 3, 2017, caused him to develop a Shoulder Injury Related to Vaccine Administration (SIRVA). The public decision does not describe Mr.
Bostwick's age at the time of vaccination, any specific symptoms, medical tests, or treatments related to his condition. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the alleged SIRVA.
However, the parties subsequently filed a joint stipulation agreeing to compensation. Special Master Christian J.
Moran reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. As a result of the stipulation, Mr.
Bostwick was awarded a lump sum of $10,000.00, payable by check, as compensation for all damages. The decision directed the clerk to enter judgment according to this decision and the stipulation, unless a motion for review was filed.
Petitioner was represented by Edward Kraus of Kraus Law Group, LLC, and respondent was represented by Catherine Elizabeth Stolar of the United States Department of Justice. The SIRVA condition is listed on the Vaccine Injury Table.
Theory of causation
Petitioner Gene Bostwick, Jr. alleged that an influenza vaccination received on October 3, 2017, caused a Shoulder Injury Related to Vaccine Administration (SIRVA), a condition listed on the Vaccine Injury Table. Respondent denied causation. The parties filed a joint stipulation for compensation, which Special Master Christian J. Moran found reasonable and adopted. The stipulation resulted in a $10,000.00 lump sum award for all damages. Petitioner was represented by Edward Kraus, and respondent by Catherine Elizabeth Stolar. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings.