Margaret Whitlow v. HHS - Influenza, brachial neuritis, inflammatory polyarthritis, inflammatory reactive tissue in and around the rotator cuff, leading to surgery for treatment of that issue, and an inflammatory tendinitis (2015)

Margaret Whitlow filed a petition on June 28, 2013, alleging that an influenza (flu) vaccination she received on or about September 14, 2012 caused her to suffer brachial neuritis, inflammatory polyarthritis, inflammatory reactive tissue in and around the rotator cuff (requiring surgery), and inflammatory tendinitis. Respondent conceded that petitioner suffered a left shoulder injury related to vaccine administration (SIRVA) and that there was not a preponderance of evidence that her SIRVA was due to a factor unrelated to vaccination, but denied that the vaccine caused any injury other than SIRVA.

Nonetheless, the parties agreed to a joint stipulation filed March 23, 2015 to settle the case. Special Master Moran found the stipulation reasonable and adopted it as the decision of the Court.

Petitioner received a lump sum of $120,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The parties subsequently agreed to attorneys' fees and costs of $26,218.25, payable jointly to petitioner and her counsel, F.

John Caldwell, Jr. of Maglio, Christopher & Toale, PA. Petitioner also recovered $75.45 for out-of-pocket litigation expenses she personally incurred.