Julian Paul v. HHS - Meningococcal, shoulder injury related to vaccine administration (SIRVA) (2020)

Julian Paul filed a petition for compensation under the National Vaccine Injury Compensation Program on November 22, 2019, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a meningococcal vaccine administered on January 24, 2017. He also received an HPV vaccine on the same day.

Petitioner alleged the vaccine was administered in the United States, that he experienced residual effects of his condition for more than six months, and that there had been no prior award or settlement of a civil action for damages. Respondent denied that petitioner sustained a SIRVA Table injury, denied that the vaccine caused the alleged shoulder injury or any other injury, and denied that his current condition was a sequelae of a vaccine-related injury.

Despite these differing positions, the parties filed a joint stipulation on November 21, 2019, agreeing to settle the case. Chief Special Master Brian H.

Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision. Pursuant to the stipulation, Julian Paul was awarded a lump sum of $65,000.00, payable to Petitioner, as compensation for all damages available under the Vaccine Act.

The decision was issued on January 3, 2020. Petitioner was represented by Bobbie L.

Flynt of Crandall & Pera Law, LLC, and respondent was represented by Lara Ann Englund of the U.S. Department of Justice.

The stipulation stated that it was a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, and was not an admission by the United States or the Secretary of Health and Human Services that the vaccines caused the alleged SIRVA or any other injury.