Court Decides Against Former FDNY Firefighter in Mandated Vax Injury Lawsuit

In a February 13 decision, a New York Supreme Court denied the petition of former NYC firefighter O'Brian Pastrana. His attorney Christina Martinez isn't dropping the case and commented on it today.

New York Supreme Court Judge Arlene Bluth issued a decision in Pastrana v. New York City Fire Pension Fund et al. on February 13, denying former New York City firefighter O’Brian Pastrana’s petition.

Pastrana was seeking accidental disability retirement benefits after being retired from the New York City Fire Department due to a heart condition he developed following mandatory COVID-19 vaccination. He had worked for the department for 16 years, beginning at the age of 20, first as an EMT and then as a firefighter.

In her decision, Judge Bluth expressed “significant admiration for petitioner’s many years of service for the FDNY and compassion for his current physical ailments,” but concluded that she was compelled to defer to a City medical board opinion disputing his claim.

Judge Bluth cited a recent appellate court ruling that had overturned one of her own decisions granting accidental disability benefits in another FDNY firefighter’s case. While that case was not related to vaccination, the appellate court asserted that Bluth “should have deferred to the Medical Board's expertise” in overturning her decision. (Supreme Courts are lower courts in New York.)

Pastrana’s attorney, Christina Martinez, is filing a motion to reargue his case.

She commented on Bluth’s decision today:

“We are disappointed by the recent court ruling regarding Firefighter Pastrana's disability benefits. The Court misunderstood the issue here. Firefighter Pastrana was evaluated by two separate Medical Boards - one evaluated his lung function and one his cardiovascular function. Our challenge did not, as the Court thought, contest the Lung Board's determination, which found no disability related to his lungs. The Heart Board unanimously concluded that Firefighter Pastrana is permanently disabled due to myocarditis post-COVID vaccination, rendering him unable to perform full firefighting duties.

Our lawsuit did not challenge the Lung Board's finding regarding his lungs. Our lawsuit challenged the Heart Board's recommendation, and the Board of Trustee's ultimate award of ordinary disability benefits as opposed to accidental benefits, which provide the appropriate level of financial support here. The Heart Board and Board of Trustees all agreed, along with Firefighter Pastrana's treating physicians and the FDNY's own doctors, that Firefighter Pastrana is permanently disabled from myocarditis caused by the COVID vaccine.

It's evident that there has been a misunderstanding of the facts presented. We will be filing a motion to reargue immediately, seeking the court's reconsideration of its decision based on the accurate understanding of the case. We remain committed to advocating for Firefighter Pastrana's rights and ensuring he receives the appropriate compensation for his service-related injury.”