Teresa Turko v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2019)
Case summary [AI summaries can sometimes make mistakes]
Teresa Turko filed a petition for compensation under the National Vaccine Injury Compensation Program on January 13, 2017, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 26, 2015. She further alleged that she experienced residual effects of her injury for more than six months.
The respondent denied that the alleged SIRVA was caused-in-fact by the influenza vaccine. However, on December 17, 2018, the parties filed a joint stipulation agreeing that compensation should be awarded.
Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Teresa Turko was awarded a lump sum of $55,551.06, payable by check to the petitioner, as compensation for all items of damages available under the Vaccine Act.
The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. Petitioner was represented by Joseph Alexander Vuckovich of Maglio Christopher & Toale, PA, and respondent was represented by Debra A.
Filteau Begley of the U.S. Department of Justice.
Theory of causation
Petitioner Teresa Turko alleged a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 26, 2015, with residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation did not detail the specific mechanism of injury or present expert testimony. The award was a lump sum of $55,551.06. The public decision does not provide further details on the theory of causation beyond the parties' stipulation to compensate.
Source PDFs
USCOURTS-cofc-1_17-vv-00062