Bobby Hulon v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Bobby Hulon filed a petition for vaccine compensation on December 30, 2019, alleging that he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccination he received on October 26, 2018. Mr.
Hulon stated that the vaccination occurred in the United States and that he experienced residual effects of the injury for more than six months. He also affirmed that he had not received a prior award or settlement for this injury.
The respondent, the Secretary of Health and Human Services, denied that Mr. Hulon sustained a SIRVA injury within the timeframe specified by the Vaccine Injury Table, and further denied that the flu vaccine caused his alleged injury.
Despite these opposing positions, the parties reached a joint stipulation to settle the case. Chief Special Master Brian H.
Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision. As per the stipulation, Mr.
Hulon was awarded $74,295.00 in compensation for all damages. This amount represents a compromise of the parties' respective stances on liability and damages.
The case proceeded as a "Table claim" because SIRVA is listed on the Vaccine Injury Table. Petitioner's counsel was Bridget Candace McCullough of Muller Brazil, LLP, and respondent's counsel was Dhairya Divyakant Jani of the U.S.
Department of Justice. The decision was issued on June 16, 2022.
Theory of causation
Petitioner Bobby Hulon alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on October 26, 2018. The respondent denied that the injury occurred within the Table time period or that the vaccine caused the injury. The parties filed a joint stipulation to settle the case, which was adopted by Chief Special Master Brian H. Corcoran. The stipulation awarded Petitioner $74,295.00 as compensation for all damages, representing a compromise of their positions. The case was treated as a Table claim, as SIRVA is listed on the Vaccine Injury Table. Petitioner was represented by Bridget Candace McCullough (Muller Brazil, LLP), and Respondent was represented by Dhairya Divyakant Jani (U.S. Department of Justice). The decision date was June 16, 2022.
Source PDFs
USCOURTS-cofc-1_19-vv-01985