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 May 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.
Theory of causation
Petitioner Julie A. Fullerton alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine received on October 26, 2017, with symptoms persisting for over six months. Respondent denied that the SIRVA onset was within the Table timeframe, denied that the flu vaccine caused the injury, and denied that current disabilities were a sequela of a vaccine-related injury. The parties reached a joint stipulation to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner $30,000.00 for all damages under 42 U.S.C. § 300aa-15(a). The decision was entered on May 28, 2021. The stipulation indicates the case falls under the Vaccine Injury Table, but does not specify which Table condition or provide details on the medical mechanism, experts, or specific evidence considered, as the case was settled via stipulation. Petitioner was represented by Harrison Whitten Long, and Respondent by Mallori Browne Openchowski.
Source PDFs
USCOURTS-cofc-1_19-vv-00637