VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01985
Package ID: USCOURTS-cofc-1_19-vv-01985
Petitioner: Bobby Hulon
Filed: 2019-12-30
Decided: 2022-06-16
Vaccine: influenza
Vaccination date: 2018-10-26
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 74295

AI-assisted case summary:
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 field:
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.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_19-vv-01985-0
Date issued/filed: 2022-06-08
Pages: 3
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/03/2022) regarding 43 Findings of Fact & Conclusions of Law, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:19-vv-01985-UNJ Document 48 Filed 06/08/22 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1985V
UNPUBLISHED
BOBBY HULON, Chief Special Master Corcoran
Petitioner, Filed: May 3, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Compensation Under the Vaccine
HUMAN SERVICES, Program; Offset; Section 15(g);
Claim of Subrogation by Medicare;
Respondent. Section 15(h)
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Dhairya Divyakant Jani, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON INABILITY TO CLAIM MEDICARE HEALTH CARE INSURANCE
OFFSET IN VACCINE PROGRAM 1
The parties in the above-captioned case have settled the claim, and Petitioner
awaits a decision adopting their stipulation and awarding compensation. However,
Petitioner has learned that Medicare is seeking to attach a lien against any compensation
proceeds awarded to him. Accordingly, on April 26, 2022, I held a status conference in
the above-captioned case to discuss the propriety of a ruling concerning how Sections
15(g) and (h) of the National Childhood Vaccine Injury Compensation Program (the
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required
to post it on the United States Court of Federal Claims' website in accordance with the E-Government Act
of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government
Services). This means the ruling will be available to anyone with access to the internet. In accordance
with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information,
the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that
the identified material fits within this definition, I will redact such material from public access.

Case 1:19-vv-01985-UNJ Document 48 Filed 06/08/22 Page 2 of 3
“Vaccine Act” or “Program”)2 pertain to the ability of third parties to attach a lien to a
Program compensation judgment.
In the Vaccine Program, a petitioner may recover actual and projected
unreimbursable expenses, lost wages, and pain and suffering, and an award of $250,000
if the injury resulted in death. Section 15(a); Helman v. Sec’y of Health & Hum. Servs.,
No. 10-813V, 2014 WL 3589564, at *1 (Fed. Cl. Spec. Mstr. June 24, 2014) (citing
Bruesewitz v. Wyeth, LLC, 131 S. Ct. 1068, 1074 (2011)). But such compensation
elements are limited by subsequent sections of the Act. Thus, punitive or exemplary
damages are prohibited, and awards for unreimbursable expenses and/or pain and
suffering may be provided only for the “health, education, or welfare of the person who
suffered the vaccine-related injury.” Section 15(d).
In addition, total recoverable compensation for an established vaccine injury is
offset by amounts paid or expected to be paid under an insurance policy and certain State
or Federal programs. Section 15(g).3 Thus, the Vaccine Act always and by its own terms
functions as a secondary payer to a petitioner’s health care insurance – the “payor of last
resort.”4 Indeed, the Act prohibits any “policy of health insurance” from “mak[ing] payment
of benefits under the policy secondary to the payment of compensation under the
Program,” and also prohibits an entity that “provides health services on a prepaid basis
or provides health benefits” from “mak[ing] the provision of health services or health
2 The National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as
amended, 42 U.S.C. §§ 300aa-10 et seq. Hereafter, individual section references will be to 42 U.S.C. §
300aa of the Act.
3 As Section 15(g) specifically states:
Payment of compensation under the Program shall not be made for any item or service to
the extent that payment has been made, or can reasonably be expected to be made, with
respect to such item or service (1) under any State compensation program, under an
insurance policy, or under any Federal or State health benefits program (other than under
title XIX of the Social Security Act), or (2) by an entity which provides health services on a
prepaid basis.
Section 15(g).
4 I and other special masters have issued similar rulings in other cases. Love v. Sec’y of Health & Hum.
Servs., No. 19-1134V, 2021 WL 4708710 (Fed. Cl. Spec. Mstr. Sept. 3, 2021)(also involving Medicare);
McTernan v. Sec’y of Health & Hum. Servs., No. 19-0662V, 2019 WL 2962019 (Fed. Cl. Spec. Mstr. April
27, 2020); Gram v. Sec’y of Health & Hum. Servs., No. 15-0305V, 2015 WL 7166097 (Fed. Cl. Spec. Mstr.
Sept. 29, 2015); Dashty v. Sec’y of Health & Hum. Servs., No. 15-0966V, 2018 WL 2411049 (Fed. Cl. Spec.
Mstr. Mar. 5, 2018); Kuhl v. Sec’y of Health & Hum. Servs., No. 16-1716V, 2018 WL 4391002 (Fed. Cl.
Spec. Master May 24, 2018); Fennig v. Sec’y of Health & Hum. Servs., No. 17-2019V, 2018 WL 7247224
(Fed. Cl. Spec. Mstr. Dec. 17, 2018).
2

Case 1:19-vv-01985-UNJ Document 48 Filed 06/08/22 Page 3 of 3
benefits secondary to the payment of compensation under the Program.” Section 15(h)
(emphasis added).5
Because of the above, any entitlement award paid to a petitioner cannot include
amounts paid or expected to be paid under his or her existing health care insurance
policy. The plain language of the Vaccine Act does not authorize reimbursement for
benefits already paid – here, under Petitioner’s Medicare health care insurance policy.
This means Petitioner’s insurer cannot be reimbursed by the Vaccine
Program for its payments for Petitioner’s treatment in connection with the injury,
sickness, accident, or condition which has been alleged. Petitioner shall so inform
any entity that indicates the intent to act contrary to the Act’s requirements.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
5 Sections 15(g) and (h) set forth the sole exception – services or benefits provided under Title XIX of the
Social Security Act (42 U.S.C. § 1396 et seq.), meaning Medicaid treatment. “Medicaid liens” may be
asserted against Program awards.
3

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_19-vv-01985-1
Date issued/filed: 2022-06-16
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/03/2022) regarding 44 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:19-vv-01985-UNJ Document 49 Filed 06/16/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1985V
UNPUBLISHED
BOBBY HULON, Chief Special Master Corcoran
Petitioner, Filed: May 3, 2022
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages; Influenza
HUMAN SERVICES, (Flu) Vaccine; Shoulder Injury
Related to Vaccine Administration
Respondent. (SIRVA)
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Dhairya Divyakant Jani, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On December 30, 2019, Bobby Hulon filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). Petitioner alleges that he suffered a Table injury – Shoulder Injury Related
to Vaccine Administration (“SIRVA”) – as a result of his October 26, 2018 influneza (“flu”)
vaccination. Petition at 1; Stipulation, filed at April 19, 2022, ¶¶ 1-2, 4. Petitioner further
alleges the vaccine was administered within the United States, that he suffered the
residual effects of his injury for more than six months, and that there has been no prior
award or settlement of a civil action on his behalf as a result of his injury. Stipulation at
¶¶ 3-5; see Petition at ¶¶ 2, 16. “Respondent denies that [P]etitioner sustained a SIRVA
injury within the Table time period, and further denies that flu vaccine caused [P]etitioner
to suffer a right shoulder injury or any other injury or his current condition.” Stipulation at
¶ 6.
1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am
required to post it on the United States Court of Federal Claims' website in accordance with the E-
Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic
Government Services). This means the Decision will be available to anyone with access to the
internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact
medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy.
If, upon review, I agree that the identified material fits within this definition, I will redact such material from
public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:19-vv-01985-UNJ Document 49 Filed 06/16/22 Page 2 of 7
Nevertheless, on April 19, 2022, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. I find the stipulation
reasonable and adopt it as my decision awarding damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $74,295.00 in the form of a check payable to Petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of damages
that would be available under Section 15(a). Id.
I approve the requested amount for Petitioner’s compensation. In the absence of
a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court is directed to
enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

Case 1:19-vv-01985-UNJ Document 49 Filed 06/16/22 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
*****************************
BOBBY HULON, *
*
Petitioner, *
*
v. * No.19-1985V (ECF)
* CHIEF SPECIAL MASTER
* BRIAN H. CORCORAN
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*****************************
STIPULATION
The parties hereby stipulate to the following matters:
1. Bobby Hulon, petitioner, filed a petition for vaccine compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (the "Vaccine Program").
The petition seeks compensation for injuries allegedly related to petitioner's receipt of an
influenza ("flu") vaccine, which is a vaccine contained in the Vaccine Injury Table (the "Table"),
42 C.F.R. § 100.3 (a).
2. Petitioner received the flu vaccine on October 26, 2018.
3. The vaccination was administered within the United States.
4. Petitioner alleges that he suffered from a right shoulder injury related to vaccination
administration ("SIRVA") as a result of receiving the flu vaccine, and suffered the residual
effects of this alleged injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on his behalf as a result of his condition.
6. Respondent denies that petitioner sustained a SIRVA injury within the Table time

Case 1:19-vv-01985-UNJ Document 49 Filed 06/16/22 Page 4 of 7
period, and further denies that the flu vaccine caused petitioner to suffer a right shoulder injury
or any other injury or his current condition.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of$74,295.00 in the form of a check payable to petitioner. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-21(a)(l), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys' fees and costs incurred in proceeding
upon this petition.
10. Petitioner and his attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
2

Case 1:19-vv-01985-UNJ Document 49 Filed 06/16/22 Page 5 of 7
11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded
pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-
15(i), subject to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs, and past unreimbursed expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in his
individual capacity, and on behalf of his heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting
from, or alleged to have resulted from, the flu vaccination administered on October 26, 2018, as
alleged by petitioner in a petition for vaccine compensation filed on or about December 30,
2019, in the United States Court of Federal Claims as petition No. 19-1985V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
3

Case 1:19-vv-01985-UNJ Document 49 Filed 06/16/22 Page 6 of 7
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused petitioner to have a right
shoulder injury, or any other injury or his current condition.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
I
I
I
I
I
I
I
I
I
I
4

Case 1:19-vv-01985-UNJ Document 49 Filed 06/16/22 Page 7 of 7
Respectfully submitted,
PETITIONER:
BOBBY HULON
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
~ W ? ~
HEATIIER L. PEARLMAN
Counsel or Petitioner Deputy Director
Muller Brazil, LLP Torts Branch, Civil Division
715 Twining Road, Suite 208 U.S. Department of Justice
Dresher, PA 19025 P.O.Box 146
bridget@mullerbrazil.com Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND BUMAN SERVICES:
1:vh~O"\-P~
Digitally signed by George R.
George R. Grlmes-S14 Grtmes-s14 Jo, ~~L?-<~
Date:2022.04.0714:12:12"°4'00'
CDR GEORGE REED GRIMES, MD, MPH OHAIR.YA D. JANI
Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch, Civil Division
Health Systems Bureau U.S. Department of Justice
Health Resources and Services P.O. Box 146
Administration Benjamin Franklin Station
U.S. Department of Health and Washington, DC 20044-0146
Human Services 202-616-4356
5600 Fishers Lane, 08Nl46B Email: Dhairya.Jani@usdoj.gov
Rockville, MD 20857
f
Dated: 6 ., {, 'l -U,Z,L
5