Heather Turicchi v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)

Heather Turicchi filed a petition on January 17, 2024, seeking compensation under the National Vaccine Injury Compensation Program. Ms.

Turicchi alleged that she suffered a shoulder injury related to vaccine administration (SIRVA), which she identified as a Table injury, or alternatively, a causation-in-fact injury. She stated that this injury occurred after receiving an influenza vaccine on October 4, 2021.

Ms. Turicchi further alleged that the vaccination occurred within the United States, that she experienced residual effects from the SIRVA for more than six months, and that no civil action had been filed or compensation received for her alleged vaccine-caused SIRVA.

The respondent, the Secretary of Health and Human Services, denied that Ms. Turicchi sustained a SIRVA Table injury, denied that her alleged SIRVA or its residual effects were caused-in-fact by the flu vaccine, and denied that the flu vaccine caused her any other injury or her current condition.

Despite these denials, the parties reached a joint stipulation to settle the case, which was filed on February 20, 2025. Chief Special Master Brian H.

Corcoran reviewed the stipulation and found it reasonable, adopting its terms as the decision awarding damages. Pursuant to the stipulation, Ms.

Turicchi was awarded a lump sum of $90,000.00, to be paid via ACH deposit to her counsel's IOLTA account for prompt disbursement. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act.

The stipulation also provides for future proceedings to award reasonable attorneys' fees and costs. The decision notes that a portion of the stipulation, containing personal email information, was removed to protect privacy.

The parties agreed that the stipulation expresses a full and complete negotiated settlement of liability and damages, except for attorney's fees and costs, and that the award may reflect a compromise of their respective positions. The stipulation explicitly states it is not an admission by the United States or the Secretary that the flu vaccine caused Ms.

Turicchi's alleged SIRVA or any other injury, nor that she suffered an injury contained in the Vaccine Injury Table. Petitioner was represented by Sean Frank Greenwood of Greenwood Law Firm, and Respondent was represented by Benjamin Rex Eisenberg of the U.S.

Department of Justice. The decision was issued by Chief Special Master Brian H.

Corcoran on February 21, 2025.