Gene Bostwick, Jr. v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2023)

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.