Julie A. Fullerton v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Julie A. Fullerton filed a petition for compensation under the National Vaccine Injury Compensation Program on April 30, 2019.
She alleged that she received an influenza vaccine on October 26, 2017, and subsequently suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) with residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the onset of Ms.
Fullerton's alleged SIRVA occurred within the timeframe specified by the Vaccine Injury Table, denied that the flu vaccine caused her alleged shoulder injury or any other injury, and denied that her current disabilities were a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on April 27, 2021, agreeing to settle the case.
Chief Special Master Brian H. Corcoran adopted the stipulation as the decision of the court.
Pursuant to the stipulation, Ms. Fullerton was awarded $30,000.00 in compensation, payable as a lump sum in the form of a check.
This amount was intended to cover all items of damages available under Section 15(a) of the Vaccine Act. The decision was entered on April 28, 2021.
Petitioner was represented by Harrison Whitten Long of Rawls Law Group, and respondent was represented by Mallori Browne Openchowski of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, clinical details of the injury, diagnostic tests, or treatments received by Ms. Fullerton.
Source PDFs
USCOURTS-cofc-1_19-vv-00637