William Fuller v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2018)
Case summary [AI summaries can sometimes make mistakes]
On June 15, 2017, William Fuller filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) in his left shoulder following an influenza vaccination on October 2, 2015. Mr.
Fuller further alleged that the residual effects of his injury lasted for more than six months and that there had been no prior award or settlement of a civil action for damages on his behalf. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused Mr.
Fuller's SIRVA or any other injury. Despite this denial, the parties reached a joint stipulation on June 18, 2018, to settle the case.
Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding Mr. Fuller a lump sum of $70,485.45.
This amount was designated as compensation for all items of damages available under the Vaccine Act. The decision was based on the joint stipulation and not on a finding of causation by the court.
Petitioner was represented by Leah VaSahnja Durant, and respondent was represented by Ann Donohue Martin. The case proceeded as a Table claim, as SIRVA is listed on the Vaccine Injury Table for influenza vaccines.
Theory of causation
Petitioner William Fuller filed a petition alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) in his left shoulder following an influenza vaccination on October 2, 2015, with residual effects lasting over six months. Respondent denied causation. The parties entered into a joint stipulation for settlement, and Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding a lump sum of $70,485.45. This case was processed as a Table claim, as SIRVA is listed on the Vaccine Injury Table for influenza vaccines. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical findings. Petitioner was represented by Leah VaSahnja Durant, and respondent was represented by Ann Donohue Martin. The decision date was September 21, 2018.
Source PDFs
USCOURTS-cofc-1_17-vv-00806