Angela Turner v. HHS - Influenza, left shoulder injury (2018)
Case summary [AI summaries can sometimes make mistakes]
Angela Turner filed a petition for compensation under the National Vaccine Injury Compensation Program on January 12, 2017. She alleged that she suffered a left shoulder injury as a result of an influenza vaccination received on October 15, 2015.
The case was assigned to the Special Processing Unit. On April 12, 2018, the respondent filed a Rule 4(c) report conceding that Ms.
Turner's alleged injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and that she had satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on April 12, 2018, finding Ms.
Turner entitled to compensation. Subsequently, on August 22, 2018, Chief Special Master Dorsey issued a decision awarding damages.
The respondent had filed a proffer indicating that Ms. Turner should be awarded $50,633.50, representing $50,000.00 for pain and suffering and $633.50 for past unreimbursable expenses.
The respondent stated that any award for projected pain and suffering had been reduced to net present value. The petitioner agreed with this proffered award.
The decision does not describe the specific onset of symptoms, medical tests performed, or treatments received. The public decision does not name petitioner's counsel or respondent's counsel.
Chief Special Master Nora Beth Dorsey awarded Angela Turner a lump sum payment of $50,633.50, consisting of $50,000.00 for pain and suffering and $633.50 for past unreimbursable expenses, in the form of a check payable to Ms. Turner.
This amount represents compensation for all damages available under the Vaccine Act.
Theory of causation
Petitioner Angela Turner alleged a left shoulder injury following an influenza vaccination on October 15, 2015. The respondent conceded that the injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and that petitioner met all legal prerequisites for compensation. The theory of causation relied upon was the "Table" for SIRVA. No specific medical experts were named in the public decision. The respondent filed a proffer agreeing to an award of $50,633.50, representing $50,000.00 for pain and suffering and $633.50 for past unreimbursable expenses. This amount was agreed upon by the petitioner. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on April 12, 2018, and a decision awarding damages on August 22, 2018. Attorneys for petitioner were Joseph Alexander Vuckovich of Maglio Christopher & Toale, PA, and for respondent was Jennifer Leigh Reynaud of the U.S. Department of Justice.
Source PDFs
USCOURTS-cofc-1_17-vv-00047