Phyllis Kostura v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2017)

Phyllis Kostura filed a petition for compensation under the National Vaccine Injury Compensation Program on January 4, 2016, alleging injuries from influenza and tetanus vaccinations received on January 15, 2015. The alleged injury was Shoulder Injury Related to Vaccine Administration (SIRVA).

Respondent filed a Rule 4(c) report on April 4, 2016, conceding that the alleged injury was consistent with SIRVA caused by the vaccinations and that petitioner met the statutory requirements for compensation, including suffering the condition for more than six months. Based on respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on April 5, 2016, finding petitioner entitled to compensation.

Subsequently, on May 24, 2017, respondent filed a proffer on the award of compensation, recommending an award of $90,771.00, which petitioner agreed to. On May 25, 2017, Chief Special Master Dorsey issued a decision awarding Phyllis Kostura a lump sum payment of $90,771.00, payable to petitioner, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

Petitioner was represented by Franklin John Caldwell, Jr. of Maglio, Christopher & Toale, and respondent was represented by Debra A. Filteau Begley of the U.S.

Department of Justice.