Darrell Barrett v. HHS - Influenza, right shoulder injuries (2021)

Darrell Barrett filed a petition for compensation under the National Vaccine Injury Compensation Program on March 28, 2019, alleging that he suffered right shoulder injuries as a result of an influenza vaccine administered on December 28, 2017. The respondent filed a Rule 4(c) report conceding that Mr.

Barrett is entitled to compensation for shoulder injury related to vaccine administration (SIRVA), as his medical course was consistent with the Vaccine Injury Table criteria. Specifically, he had no prior history of right shoulder issues, pain occurred within 48 hours after the vaccination, and the pain was limited to the injection site.

The respondent also agreed that Mr. Barrett suffered residual effects for more than six months.

While the respondent did not believe Mr. Barrett was entitled to compensation for a separate biceps tendon injury that occurred nine months later, this did not affect the SIRVA claim.

Following discussions, the respondent filed a proffer on December 16, 2020, indicating that Mr. Barrett should be awarded damages, and Mr.

Barrett agreed with the proffered amount. On February 8, 2021, the court awarded Mr.

Barrett a lump sum payment of $203,785.70, comprised of $85,000.00 for pain and suffering, $3,427.34 for unreimbursed expenses, and $115,358.36 for lost earnings.