Erica Turner v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2020)

Erica Turner filed a petition for compensation under the National Vaccine Injury Compensation Program on June 12, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 5, 2016. The respondent denied that the vaccine caused her alleged shoulder injuries or that her condition was a sequelae of a vaccine-related injury.

Nevertheless, the parties filed a joint stipulation agreeing to a settlement. Chief Special Master Brian H.

Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision. The decision awards Erica Turner $50,316.12 as compensation for all damages, including pain and suffering, past lost wages, and past unreimbursed expenses.

This amount is to be paid as a lump sum check to the petitioner. The case was settled as a Table injury claim.

Petitioner counsel was Maximillian J. Muller of Muller Brazil, LLP, and respondent counsel was Mollie Danielle Gorney of the U.S.

Department of Justice. The stipulation stated that it was a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, and was not an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused the petitioner's injury.