Patricia Bulluck v. HHS - tetanus, right shoulder injury related to vaccine administration (SIRVA) (2023)

Patricia Bulluck filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) as a direct result of a tetanus vaccine she received on November 4, 2020. The respondent initially intended to oppose compensation, believing Bulluck had not met the six-month severity requirement.

However, after a fact ruling confirmed the severity requirement was met, the respondent filed a Rule 4(c) report stating they would not defend the case. The respondent conceded that Bulluck had satisfied the criteria for SIRVA, a defined Table injury, while reserving the right to appeal the entitlement decision.

Based on the respondent's concession and the evidence, the court found Bulluck entitled to compensation. Subsequently, a decision awarding damages was issued.

The respondent proffered an award of $60,000.00 for pain and suffering, which Bulluck agreed to. The court awarded Bulluck a lump sum payment of $60,000.00 for her pain and suffering.