VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00190 Package ID: USCOURTS-cofc-1_19-vv-00190 Petitioner: Julianna Barmasse Filed: 2019-02-02 Decided: 2020-08-27 Vaccine: influenza Vaccination date: 2016-02-09 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 46000 AI-assisted case summary: 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 field: 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. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00190-0 Date issued/filed: 2020-08-27 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/28/2020) regarding 26 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00190-UNJ Document 31 Filed 08/27/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-190V UNPUBLISHED JULIANNA BARMASSE, Chief Special Master Corcoran Petitioner, Filed: July 28, 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) Nancy Routh Meyers, Turning Point Litigation, Greensboro, NC, for petitioner. Laurie Wiesner, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On February 2, 2019, Julianna Barmasse 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 she suffered left shoulder injury related to vaccine administration (SIRVA), resulting from the influenza vaccination she received on February 9, 2016. Petition at 1; Stipulation, filed at July 24, 2020, ¶¶ 1-2, 4. Petitioner further alleges that the vaccine was administered in the United States, she experienced the residual effects of this injury for more than six months, and that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. Petition at 1-2; Stipulation at ¶¶ 3-5. “Respondent denies that the flu vaccine caused [P]etitioner to suffer a left shoulder injury, or any other injury, and denies that [P]etitioner sustained a SIRVA Table 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 1:19-vv-00190-UNJ Document 31 Filed 08/27/20 Page 2 of 7 Nevertheless, on July 24, 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 $46,000.00 in the form of a check payable to [P]etitioner. 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 Case 1:19-vv-00190-UNJ Document 31 Filed 08/27/20 Page 3 of 7 Case 1:19-vv-00190-UNJ Document 31 Filed 08/27/20 Page 4 of 7 Case 1:19-vv-00190-UNJ Document 31 Filed 08/27/20 Page 5 of 7 Case 1:19-vv-00190-UNJ Document 31 Filed 08/27/20 Page 6 of 7 Case 1:19-vv-00190-UNJ Document 31 Filed 08/27/20 Page 7 of 7