Robert Neal Fulling v. HHS - Influenza, Myasthenia Gravis (2021)
Case summary [AI summaries can sometimes make mistakes]
Karen D. Fulling, as independent executor of the Estate of Robert Neal Fulling, filed a petition for compensation under the National Vaccine Injury Program on October 9, 2018.
The petitioner alleged that Robert Neal Fulling received an influenza vaccine on October 31, 2015, and subsequently developed Myasthenia Gravis. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the alleged injuries.
On November 9, 2021, the parties filed a stipulation for an award. As part of the stipulation, the respondent agreed to compensate the petitioner.
The stipulation provided for a lump sum of $90,000.00, payable to petitioner as the legal representative of the Estate of Robert Neal Fulling, as compensation for all damages. The decision, entered on December 1, 2021, by Special Master Thomas L.
Gowen, was based on this stipulation. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation.
The attorneys involved were Edward M. Kraus for the petitioner and Debra A.
Filteau Begley for the respondent.
Theory of causation
Petitioner alleged that an influenza vaccine administered on October 31, 2015, caused Myasthenia Gravis. The respondent denied causation. The parties reached a stipulation for award, agreeing to settle the case. The stipulation provided a lump sum of $90,000.00 to the petitioner as legal representative of the estate. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the condition. The decision was entered on December 1, 2021, by Special Master Thomas L. Gowen, based on the stipulation filed by petitioner's counsel Edward M. Kraus and respondent's counsel Debra A. Filteau Begley.
Source PDFs
USCOURTS-cofc-1_18-vv-01549