Robert Szulya v. HHS - Influenza, left shoulder injuries related to vaccine administration (“SIRVA”) and parsonage turner syndrome/brachial neuritis (2021)
Case summary [AI summaries can sometimes make mistakes]
Robert Szulya filed a petition for vaccine compensation on August 26, 2021, alleging that he suffered left shoulder injuries related to vaccine administration (SIRVA) and parsonage turner syndrome/brachial neuritis as a result of an influenza vaccine received on October 2, 2018. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused petitioner's alleged injuries or that his condition was a sequela of a vaccine-related injury.
The parties subsequently filed a joint stipulation on August 25, 2021, agreeing to settle the case. Chief Special Master Brian H.
Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision. Pursuant to the stipulation, Robert Szulya was awarded $45,000.00 in compensation, payable as a lump sum check to the petitioner.
This amount represents a compromise of the parties' respective positions on liability and damages and is for all items of damages available under Section 15(a) of the Vaccine Act. Petitioner was represented by Leigh Finfer of Muller Brazil, LLP, and the respondent was represented by Adriana Ruth Teitel of the U.S.
Department of Justice. The decision was issued on September 29, 2021.
Theory of causation
Petitioner Robert Szulya received an influenza vaccine on October 2, 2018, and alleged injury in the form of left shoulder injuries related to vaccine administration (SIRVA) and parsonage turner syndrome/brachial neuritis. Respondent denied that the vaccine caused these alleged injuries or that the condition was a sequela of a vaccine-related injury. The parties entered into a joint stipulation to settle the case. The stipulation states that the petitioner alleges a SIRVA Table injury or that the vaccine caused his shoulder injury and/or parsonage turner syndrome, with residual effects lasting more than six months. The public decision does not detail the specific medical experts, clinical findings, onset, symptoms, treatments, or the precise mechanism of injury. The case was resolved via a joint stipulation, resulting in a $45,000.00 lump sum award to the petitioner, representing a compromise of liability and damages. Chief Special Master Brian H. Corcoran issued the decision on September 29, 2021. Petitioner counsel was Leigh Finfer, and respondent counsel was Adriana Ruth Teitel. The theory of causation is based on the Vaccine Injury Table (SIRVA) or general causation, as stipulated by the parties.
Source PDFs
USCOURTS-cofc-1_20-vv-00330