Angela Barry v. HHS - Tetanus-Diphtheria, shoulder injury related to vaccine administration (SIRVA) (2017)
Case summary [AI summaries can sometimes make mistakes]
Angela Barry filed a petition for compensation under the National Vaccine Injury Compensation Program on October 5, 2016, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving a Tetanus Diphtheria vaccine on February 7, 2015. The respondent filed a Rule 4(c) report on January 23, 2017, conceding that Ms.
Barry was entitled to compensation. The respondent noted that no other causes were identified for her shoulder injury and that she experienced residual effects of her condition for more than six months.
The respondent further agreed that Ms. Barry had satisfied all legal prerequisites for compensation under the Act.
Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on July 7, 2017, finding that Ms. Barry was entitled to compensation based on the respondent's concession and the evidence.
Subsequently, on November 30, 2017, the parties filed a stipulation to settle the case. Special Master Laura D.
Millman reviewed the stipulation, finding its terms reasonable. The court adopted the stipulation and awarded Ms.
Barry $245,000.00 in compensation for all damages. The award was to be paid as a lump sum check made payable to the petitioner.
Petitioner was represented by Renee J. Gentry of the Vaccine Injury Clinic, George Washington Univ.
Law School, and respondent was represented by Mallori Browne Openchowski of the U.S. Department of Justice.
Theory of causation
Petitioner Angela Barry alleged a shoulder injury related to vaccine administration (SIRVA) following a Tetanus-Diphtheria vaccine administered on February 7, 2015. The respondent conceded entitlement to compensation, stating no other causes were identified for the shoulder injury and that residual effects lasted more than six months. The Special Processing Unit was assigned to the case. Chief Special Master Nora Beth Dorsey ruled on entitlement on July 7, 2017, finding petitioner entitled based on the respondent's concession. A stipulation for settlement was filed on November 30, 2017, and adopted by Special Master Laura D. Millman on the same date. The stipulation awarded $245,000.00 as a lump sum for all damages. Petitioner was represented by Renee J. Gentry, and respondent by Mallori Browne Openchowski. The theory of causation was based on the Vaccine Injury Table for SIRVA.
Source PDFs
USCOURTS-cofc-1_16-vv-01270