VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01916
Package ID: USCOURTS-cofc-1_18-vv-01916
Petitioner: Eric Barr
Filed: 2020-08-21
Decided: 2020-09-21
Vaccine: influenza
Vaccination date: 2018-01-11
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 32000

AI-assisted case summary:
Eric Barr filed a petition on August 21, 2020, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine administered on January 11, 2018. Mr. Barr alleged that the vaccine was administered in the United States, that his injury had residual effects for over six months, and that he had not received any prior award or settlement for this condition. The respondent denied that Mr. Barr sustained a SIRVA Table injury, denied that the vaccine caused his shoulder injuries or any other injury, and denied that his current condition was a sequelae of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on August 19, 2020, agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and awarded Mr. Barr $32,000.00 as a lump sum payment for all items of damages. The decision was issued on September 21, 2020. Petitioner counsel was Milton Clay Ragsdale, IV, and respondent counsel was Claudia Barnes Gangi.

Theory of causation field:
Petitioner Eric Barr alleged a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on January 11, 2018. Respondent denied a SIRVA Table injury and causation. The parties filed a joint stipulation agreeing to compensation. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $32,000.00 as a lump sum for all damages. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed medical evidence. The theory of causation is based on the "Table" for SIRVA, as indicated by the raw data, and was resolved via stipulation. The decision date was September 21, 2020. Petitioner counsel was Milton Clay Ragsdale, IV, and respondent counsel was Claudia Barnes Gangi.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01916-0
Date issued/filed: 2020-09-21
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/21/2020) regarding 29 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01916-UNJ Document 33 Filed 09/21/20 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1916V
UNPUBLISHED
ERIC BARR, Chief Special Master Corcoran
Petitioner, Filed: August 21, 2020
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)
Milton Clay Ragsdale, IV, Ragsdale LLC, Birmingham, AL, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On December 14, 2018, Eric Barr 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 shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza vaccine administered on January 11,
2018. Petition at 1; Stipulation, filed on August 19, 2020, at ¶¶ 1-2, 4. Petitioner further
alleges that the vaccine was administered within the United States; that he suffered the
residual effects of his alleged injury for more than six months; and that there has been no
prior award or settlement of a civil action for damages on his behalf as a result of his
condition. Petition at 1, 3; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner
sustained a SIRVA Table injury; denies that the vaccine caused petitioner’s alleged
shoulder injuries, or any other injury; and denies that his current condition is a sequelae
of a vaccine-related injury.” 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).

Case 1:18-vv-01916-UNJ Document 33 Filed 09/21/20 Page 2 of 7
Nevertheless, on August 19, 2020, 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 $32,000.00 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 the 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

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