Julianna Barmasse v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
Julianna Barmasse filed a petition on February 2, 2019, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on February 9, 2016.
Ms. Barmasse stated that the vaccine was administered in the United States, that the injury had residual effects lasting more than six months, and that she had not received a prior award or settlement for this condition.
The respondent denied that the flu vaccine caused Ms. Barmasse's injury or a SIRVA Table injury.
Despite the respondent's denial, the parties filed a joint stipulation on July 24, 2020, agreeing to an award of compensation. Chief Special Master Brian H.
Corcoran reviewed the stipulation, found it reasonable, and adopted it as his decision. He awarded Julianna Barmasse a lump sum of $46,000.00, payable by check, as compensation for all items of damages available under Section 15(a) of the Vaccine Act.
The decision was issued on August 27, 2020. Petitioner was represented by Nancy Routh Meyers of Turning Point Litigation, and respondent was represented by Laurie Wiesner of the U.S.
Department of Justice.
Theory of causation
Petitioner Julianna Barmasse alleged a left shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on February 9, 2016. Respondent denied causation. The parties filed a joint stipulation agreeing to compensation. Chief Special Master Brian H. Corcoran found the stipulation reasonable and awarded $46,000.00 as a lump sum for all damages under Section 15(a). The decision was issued on August 27, 2020, based on a stipulation filed July 24, 2020. Petitioner was represented by Nancy Routh Meyers, and respondent by Laurie Wiesner.
Source PDFs
USCOURTS-cofc-1_19-vv-00190