Kathleen Gullo v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)

Kathleen Gullo filed a petition for compensation under the National Vaccine Injury Compensation Program on March 7, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 13, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on March 4, 2019, conceding that Ms.

Gullo was entitled to compensation. The respondent noted that Ms.

Gullo had no prior history of shoulder issues, her pain began within 48 hours of the vaccine, the pain was localized to the injection site, and no other condition explained her shoulder pain. The respondent also agreed that her condition had residual effects for more than six months and that she met all legal requirements for compensation.

Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on March 4, 2019, finding Ms. Gullo entitled to compensation based on the respondent's concession.

Subsequently, the parties reached a stipulation for damages. On May 21, 2019, the respondent filed a proffer on the award of compensation, which Ms.

Gullo agreed to. Chief Special Master Dorsey issued a decision on May 21, 2019, awarding Ms.

Gullo a total of $131,960.96. This award comprised $130,000.00 for pain and suffering, paid as a check to Ms.

Gullo, and $1,960.96 to satisfy a State of California Medicaid lien, paid as a check jointly to Ms. Gullo and the Department of Health Care Services.

Ms. Gullo agreed to endorse the check for the Medicaid lien.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury beyond it being a SIRVA. Petitioner counsel was Bridget Candace McCullough of Muller Brazil, LLP, and respondent counsel was Jeffrey T.

Sprague of the U.S. Department of Justice.