# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: May 4, 2021

* * * * * * * * * * * * *

MATTHEW GARTNER, *

as personal representative of the estate of *

ANTHONY J. GARTNER, * UNPUBLISHED

*

Petitioner, * No. 17

- 1561 V

*

v. * Special Master Gowen

*

SECRETARY OF HEALTH * Stipulation; Infl uenza (Flu);

AND HUMAN SERVICES, * Anaphylaxis ; Death.

*

Respondent. *

* * * * * * * * * * * * *

Th eodore G. Pashos , Pasho s Law, L LC, St. Char les , MO , for petitioner.

Zoe Wade , United States Department of Justice, Washington, D.C., for respondent.

DECISION ON STIPULATION 1

On October 19 , 2017

, Matthew Gar tner ( “ petitioner ” ) as personal re presentative of the

Estate of Anthony J. Gar tner Jr. ( “ decedent ” ) filed a petition for compensation in the National

Vaccine Injury Compensation Program. 2 Petition (ECF No. 1) ; see also Amended Pet ition filed

January 19, 2021 (ECF No. 64). The pet ition seeks compensation for injuries allegedl y related to

the decedent ’ s rec eipt on Oct ober 22, 2015

, of an influenza ( “ flu ” ) vaccin e, which vaccine is

contained in the Vaccine Injury Table (the “Tabl e ” )

.

1 P ursuant to the E

- Government Act of 2002, see 44 U.S.C. § 3501 note (2012), b ecause this opinion contains a

reasoned explanation for the action in this case, I intend to post it on the website of the United States Court of

Federal Claims. The Court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. Before the opinion

is posted on the Court’s website, each party has 14 days to file a motion requesting redaction “of any information

furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or

confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly

unwarranted invasion of privacy.” Vaccine Rule 18(b). An objecting party must provide the Court with a proposed

redacted version of the opinion. Id. If neither party files a motion for redaction within 14 days, the opinion w ill

be posted on the Court’s website without any changes. Id.

2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine

Injury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755, codified as amended 42 U.S.C. §§ 300aa

- 10 to 34 (2012)

(hereinafter “Vaccine Act” or “the Act”). Hereinafter, individual section references will be to 42 U.S.C. § 300aa of

the Act.2

The petition alleges that the decedent developed ana phylaxis following the administration

of the flu vaccine, within the Table time period, and that his death on October 23, 2015, was a

result of his alleged injury.

On May 4 , 2021, respondent filed a stipulation which provides that a decision should be

entered awarding compensation to petitioner on behalf of the decedent ’ s estate . Stipulation (ECF

No. 69 ). Respondent denies that the flu vaccine caused the decedent ’ s alleged anaphylaxis, any

other injury, or his death, and further denies that the decedent susta ined a Table injury

. Id. at ¶ 6.

Maintaining t heir above

- stated positions, the parties n evertheless n ow agree that the

issues between them shall be settled and that a decision should be entered awarding the

compensation described in paragraph 8 of the stipulation, which is attached hereto as Appendix

A. Id. at ¶ 7.

The stipulation awards a lump sum of $ 50,000.00 in the form of a check payable to

petitioner , as legal rep resentative of the Est ate of Anthony J. Gartner, Jr

. This lump sum

represents compensation for all damages that would be available under 42 U.S.C. § 300aa

- 15(a).

I adopt the stipulation as the decision of the Court and hereby award compensation in the

amount and on the terms set forth therein. Accordingly, the Clerk of Court SHALL ENTER

JUDGMENT in accordance with the terms of the parties’ stipulation. 3

IT IS SO ORDERED.

s/Thomas L. Gowen

Thomas L. Gowen

Special Master

3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Va ccine Rule

11(a).