Barry Negri v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)

Filed 2019-01-04Decided 2021-03-19Vaccine Influenza
compensated$85,342

Case summary [AI summaries can sometimes make mistakes]

Barry Negri filed a petition for compensation on January 4, 2019, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine he received on December 3, 2016. Mr.

Negri alleged that the flu vaccine was administered in the United States, that he experienced residual effects of his alleged injury for more than six months, and that there had been no prior award or settlement of a civil action for damages on his behalf. The respondent denied that Mr.

Negri suffered a SIRVA Table injury and denied that the flu vaccine caused his alleged right shoulder injury or any other injury or his current condition. Nevertheless, on February 17, 2021, the parties filed a joint stipulation agreeing that compensation should be awarded.

Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as the decision awarding damages.

Pursuant to the stipulation, Mr. Negri was awarded a lump sum of $85,342.06, payable by check to Petitioner, for all items of damages available under Section 15(a) of the Vaccine Act.

The clerk of the court was directed to enter judgment in accordance with this decision. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Christine Mary Becer of the U.S.

Department of Justice.

Theory of causation

Petitioner Barry Negri alleged that an influenza vaccine administered on December 3, 2016, caused a shoulder injury related to vaccine administration (SIRVA). Respondent denied that the flu vaccine caused Petitioner's alleged injury. The parties filed a joint stipulation on February 17, 2021, agreeing to an award of compensation. Chief Special Master Brian H. Corcoran adopted the stipulation as the decision. Petitioner was awarded a lump sum of $85,342.06 for all damages available under Section 15(a) of the Vaccine Act. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, treatments, or the mechanism of injury. Petitioner was represented by Ronald Craig Homer, and respondent was represented by Christine Mary Becer.

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