Marie Tully v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Marie Tully filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on September 21, 2020. She further alleged that she experienced residual effects from the SIRVA for more than six months.
The respondent, the Secretary of Health and Human Services, denied that Ms. Tully suffered a Table SIRVA injury or that the flu vaccine caused her alleged injuries.
Despite these denials, the parties filed a joint stipulation agreeing to settle the case and award compensation. The Chief Special Master adopted the stipulation as the decision, awarding Ms.
Tully a lump sum of $60,000.00. This amount represents compensation for all items of damages available under the Vaccine Act.
The case proceeded as a Table claim, and the stipulation reflects a compromise of the parties' positions on liability and damages. Ms.
Tully released the United States and the Secretary from all claims related to the flu vaccination in exchange for the payment.