Margaret Turiano v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2014)

Margaret Turiano filed a petition on October 15, 2013, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that an influenza (flu) vaccination received on or about January 23, 2013, caused her to suffer a shoulder injury related to vaccine administration (SIRVA).

The parties, Petitioner Margaret Turiano and Respondent Secretary of Health and Human Services, filed a joint stipulation on September 19, 2014, agreeing to settle the case. The stipulation indicated that both parties agreed Petitioner suffered a SIRVA from the flu vaccine administration and that there was not a preponderance of evidence to show her condition was due to a factor unrelated to the vaccination.

The stipulation also stated that the other elements of eligibility for compensation had been established, and that Petitioner was entitled to compensation. Special Master Brian H.

Corcoran reviewed the file and found the stipulation to be reasonable, adopting it as the decision of the court. The award included a lump sum of $80,000.00, payable to Petitioner, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

Additionally, a lump sum of $15,500.00 was awarded for attorneys' fees and costs, payable jointly to Petitioner and her attorney, Paul R. Brazil of Muller Brazil, LLP.

Petitioner incurred no out-of-pocket litigation-related costs. The decision was issued on October 22, 2014.