Howard Margulies v. HHS - Influenza, shoulder injury related to vaccine administration (2016)

Howard Margulies filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury as a result of an influenza vaccination received on October 5, 2014. He further alleged that he suffered the effects of his injury for more than six months.

Respondent denied that the flu vaccine caused petitioner’s shoulder injury, any other injury, or his current disabilities. Nevertheless, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation.

The court found the stipulation reasonable and adopted it as the decision of the Court in awarding damages. Mr.

Margulies was awarded a lump sum of $75,000.00, representing compensation for all items of damages available under the Vaccine Act. The decision was based on a joint stipulation for damages, and the theory of causation was not explicitly stated as either Table or Off-Table.