Jennifer Bolz v. HHS - Influenza, left axillary nerve palsy and/or left axillary neuropathy (2021)
Case summary [AI summaries can sometimes make mistakes]
Jennifer Bolz filed a petition for compensation under the National Vaccine Injury Compensation Program on August 11, 2020. She alleged that she received an influenza vaccine on October 7, 2018, and subsequently developed left axillary nerve palsy and/or left axillary neuropathy.
The respondent filed a report on August 26, 2021, recommending compensation. The respondent agreed that petitioner's claim was appropriate for compensation, stating that her injury was more likely than not caused by the administration of the flu vaccine in her left deltoid.
Respondent further stated that the petitioner's injury lasted for at least six months, satisfying the statutory requirements for compensation. Special Master Mindy Michaels Roth reviewed the medical records and the respondent's recommendation.
Based on this review, the Special Master found that Jennifer Bolz is entitled to compensation. The case will now proceed to the damages phase.
Petitioner was represented by Daniel Seidman, Esq., and respondent was represented by Kyle Pozza, Esq. The decision was issued on October 12, 2021.
Theory of causation
Petitioner Jennifer Bolz received an influenza vaccine on October 7, 2018. She alleged subsequent left axillary nerve palsy and/or left axillary neuropathy. Respondent recommended compensation, agreeing that the injury was more likely than not caused by the flu vaccine administered in the left deltoid and that the injury lasted at least six months. Special Master Mindy Michaels Roth reviewed the medical records and respondent's report, finding entitlement. The case proceeded to the damages phase. Petitioner counsel was Daniel Seidman, Esq., and respondent counsel was Kyle Pozza, Esq. The decision was issued on October 12, 2021.
Source PDFs
USCOURTS-cofc-1_20-vv-00998