Julie Bulow v. HHS - Influenza, shoulder injury related to vaccine administration (2019)

Filed 2017-08-22Decided 2019-06-05Vaccine Influenza
compensated$170,000

Case summary [AI summaries can sometimes make mistakes]

Julie Bulow filed a petition for vaccine compensation on August 22, 2017, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccination she received on September 8, 2016. Ms.

Bulow stated that the vaccine was administered in the United States, that her symptoms lasted for more than six months, and that she had not received prior compensation. The respondent denied that the vaccine caused or significantly aggravated her alleged injury or any other injury, and denied that her current disabilities were the result of a vaccine-related injury.

Despite these positions, the parties filed a joint stipulation on February 13, 2019, agreeing to settle the case. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding Julie Bulow a lump sum of $170,000.00.

This amount represents compensation for all damages available under the Vaccine Act, including pain and suffering, past lost wages, and past unreimbursed expenses. The decision was finalized on June 5, 2019.

Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Darryl R.

Wishard of the U.S. Department of Justice.

Theory of causation

Petitioner Julie Bulow alleged a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine received on September 8, 2016. The respondent denied causation. The parties filed a joint stipulation agreeing to settle the case. The stipulation stated that the influenza vaccine is contained in the Vaccine Injury Table. The Special Master adopted the stipulation, awarding a lump sum of $170,000.00 for all damages available under 42 U.S.C. § 300aa-15(a), including past lost wages, past unreimbursed expenses, and pain and suffering. The decision was finalized on June 5, 2019. Petitioner was represented by Leah VaSahnja Durant, and respondent was represented by Darryl R. Wishard. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed medical evidence.

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