Luann Moran v. HHS - Influenza, shoulder injury related to vaccine administration (2014)

Luann Moran filed a petition on January 31, 2013, alleging that an influenza vaccine she received on November 14, 2011, caused her to develop a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, denied that the flu vaccination caused petitioner's shoulder injury or any other injury.

The parties later contacted the Special Master's chambers indicating they had reached settlement terms. On October 6, 2014, the parties filed a stipulation of fact regarding attorneys' fees and costs, with the petitioner requesting a total award of $16,000.00, to which the respondent did not object.

Special Master Thomas L. Gowen found this stipulation reasonable and adopted it as the decision of the Court, granting the award of attorneys' fees and costs.

The award was to be made in the form of a check jointly payable to Luann Moran and her attorney, Diana L. Stadelnikas Sedar of Maglio Christopher & Toale, P.A., in the amount of $16,000.00.

Subsequently, on October 31, 2014, the parties filed a joint stipulation on damages. In this stipulation, the respondent continued to deny that the flu vaccination caused petitioner's shoulder injury or her current disabilities.

However, the parties agreed that a decision should be entered awarding compensation. Special Master Gowen found this stipulation reasonable and adopted it as the decision of the Court.

Petitioner Luann Moran was to receive a lump sum of $125,000.00, payable to her, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision does not describe the onset of symptoms, specific clinical details of the injury, diagnostic tests, or treatments.

The public decision does not name any medical experts for either party.