Tamera Cursio v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

Tamera Cursio filed a petition for compensation under the National Vaccine Injury Compensation Program on April 7, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on September 17, 2018. Ms.

Cursio alleged the vaccination was administered in the United States, her injury lasted more than six months, and she had not received prior compensation for her vaccine-related injuries. The respondent, the Secretary of Health and Human Services, denied that Ms.

Cursio sustained a SIRVA, denied that the flu vaccine caused her injury, and denied that her condition was a sequelae of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on June 3, 2022, agreeing to settle the case.

Chief Special Master Brian H. Corcoran adopted the stipulation as the decision of the court.

Ms. Cursio was awarded a lump sum of $50,000.00, payable to her, as compensation for all damages.

This decision was based on the stipulation and settlement, not a finding of liability by the court. The case proceeded as a Table claim, as SIRVA is listed on the Vaccine Injury Table.

Petitioner was represented by Leigh Finfer of Muller Brazil, LLP, and respondent was represented by Catherine Elizabeth Stolar of the U.S. Department of Justice.

The decision was issued on July 7, 2022.