VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00690
Package ID: USCOURTS-cofc-1_18-vv-00690
Petitioner: Maria Turkson
Filed: 2018-12-07
Decided: 2022-01-20
Vaccine: influenza
Vaccination date: 2015-10-19
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 91800

AI-assisted case summary:
Maria Turkson filed a petition on December 7, 2018, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of receiving an influenza vaccine on October 19, 2015. The respondent denied that the petitioner sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injuries or any other injury, and denied that her current condition was a sequelae of a vaccine-related injury. Despite maintaining these positions, both parties agreed to settle the case through a stipulation dated December 7, 2021. Special Master Katherine E. Oler reviewed the file and found the stipulation to be reasonable, adopting it as her decision. The stipulation awarded Maria Turkson a lump sum of $91,800.00, payable by check to the petitioner, as compensation for all damages available under 42 U.S.C. § 300aa-15(a). The Special Master approved the award and directed the Clerk of the Court to enter judgment accordingly, unless a motion for review was filed.

Theory of causation field:
Petitioner Maria Turkson alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on October 19, 2015. The respondent denied that the vaccine caused the alleged shoulder injuries or any sequelae. The parties reached a settlement via stipulation, agreeing to award compensation. The public text indicates the case falls under the "Table" for SIRVA, but does not detail the specific mechanism, expert testimony, or clinical findings. The stipulation resulted in an award of $91,800.00 to the petitioner for all damages. The decision was made by Special Master Katherine E. Oler on January 20, 2022, based on the joint stipulation. Petitioner's counsel was Joseph A. Vuckovich of Maglio, Christopher & Toale, P.A., and respondent's counsel was Colleen C. Hartley of the U.S. Department of Justice.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00690-0
Date issued/filed: 2022-01-20
Pages: 7
Docket text: PUBLIC RULING (Originally filed: 12/7/2021) regarding 62 DECISION Stipulation. Signed by Special Master Katherine E. Oler. (nvb) Service on parties made.
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Case 1:18-vv-00690-UNJ Document 66 Filed 01/20/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-690V
(not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * *
*
*
MARIA TURKSON,
*
* Filed: December 7, 2021
Petitioner, *
*
*
v. * Decision by Stipulation; Damages;
* Influenza (“flu”) Vaccine; Shoulder Injury
SECRETARY OF HEALTH AND * Related to Vaccine Administration
HUMAN SERVICES, * (“SIRVA”).
*
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * *
Joseph A. Vuckovich, Maglio, Christopher & Toale, P.A., Washington, DC for Petitioner
Colleen C. Hartley, U.S. Department of Justice, Washington, DC, for Respondent
DECISION ON JOINT STIPULATION1
On May 18, 2018, Maria Turkson (“Petitioner”) filed a petition seeking compensation
under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Pet., ECF
No. 1. Petitioner alleges that she suffered from a Shoulder Injury Related to Vaccine
Administration (“SIRVA”) as a result of the influenza (“flu”) vaccine she received on October 19,
2015. See Stipulation ¶ 2, 4, dated December 7, 2021 (ECF No. 61); see also Petition.
1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted
on the Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. §
3501 (2012). This means the Decision will be available to anyone with access to the internet. As
provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the Decision’s inclusion of
certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen
days within which to request redaction “of any information furnished by that party: (1) that is a trade secret
or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files
or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.”
Vaccine Rule 18(b). Otherwise, the Decision in its present form will be available. Id.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L.
No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter
“Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the
pertinent subparagraph of 42 U.S.C. § 300aa.

Case 1:18-vv-00690-UNJ Document 66 Filed 01/20/22 Page 2 of 7
Respondent denies “that Petitioner sustained a SIRVA Table injury; denies that the vaccine
caused petitioner’s alleged shoulder injuries, or any other injury, including, but not limited to
chronic pain; and denies that her current condition is a sequelae of a vaccine-related injury.” See
Stipulation ¶ 6. Nonetheless, both parties, while maintaining their above-stated positions, agreed
in a stipulation dated December 7, 2021 that the issues before them can be settled and that a
decision should be entered awarding Petitioner compensation. ECF No. 61.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation
is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth
therein.
The stipulation awards:
A lump sum of $91,800.00 in the form of a check payable to Petitioner.
Stipulation ¶ 8. This award represents compensation for all damages that would be available under
42 U.S.C. § 300aa-15(a).
I approve a Vaccine Program award in the requested amounts set forth above to be made
to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk
of the Court is directed to enter judgment herewith.3
IT IS SO ORDERED.
s/ Katherine E. Oler
Katherine E. Oler
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice
renouncing their right to seek review.

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