VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00456
Package ID: USCOURTS-cofc-1_19-vv-00456
Petitioner: Darrell Barrett
Filed: 2019-03-28
Decided: 2021-02-08
Vaccine: influenza
Vaccination date: 2017-12-28
Condition: right shoulder injuries
Outcome: compensated
Award amount USD: 203785

AI-assisted case summary:
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.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00456-0
Date issued/filed: 2021-02-05
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/16/2020) regarding 33 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00456-UNJ Document 41 Filed 02/05/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0456V
UNPUBLISHED
DARRELL BARRETT, Chief Special Master Corcoran
Petitioner, Filed: December 16, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Jessica Olins, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Zoe Wade, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On March 28, 2019, Darrell Barrett 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 right shoulder injuries as a result of an
influenza vaccine administered on December 28, 2017. Petition at 1-4. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On June 30, 2020, Respondent filed his Rule 4(c) report in which he concedes that
Petitioner is entitled to compensation in this case for shoulder injury related to vaccine
administration. Respondent’s Rule 4(c) Report at 1. Respondent indicates that he agrees
that “petitioner’s medical course is consistent with a shoulder injury related to vaccine
administration (“SIRVA”) as defined by the Vaccine Injury Table. Specifically, petitioner
1 Because this unpublished ruling 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 ruling 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-00456-UNJ Document 41 Filed 02/05/21 Page 2 of 2
had no history of pain, inflammation, or dysfunction of his right shoulder, pain occurred
within 48 hours after receipt of an intramuscular vaccination, pain was limited to the
shoulder where the vaccine was administered, and no other condition or abnormality,
such as brachial neuritis, has been identified to explain petitioner’s shoulder pain.” Id. at
6-7. Respondent further agrees that “petitioner suffered the residual effects of his
condition for more than six months. Therefore, based on the record as it now stands,
petitioner has satisfied all legal prerequisites for compensation under the Act.” Id. at 7.
In the Rule 4(c) Report, Respondent adds that he “does not believe petitioner is
entitled to compensation as related to his biceps tendon injury and its sequela, which
occurred approximately nine months after the flu vaccination, requiring surgical
intervention, and defends the same.” Rule 4(c) Report at 1-2.
On July 8, 2020, a telephonic status conference was held to discuss how the
parties wished to proceed in light of Respondent’s Rule 4(c) Report. Scheduling Order,
issued July 8, 2020 (ECF No. 26). Respondent expressed his view that a full entitlement
decision was not appropriate at that time, and the parties agreed that Petitioner would file
a status report concerning how the parties wished to proceed by August 7, 2020. Id.
The parties then engaged in discussions for several months. On December 16,
2020, Respondent filed a proffer indicating that Petitioner should be awarded damages,
and that Petitioner agreed (ECF No. 32).
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_19-vv-00456-1
Date issued/filed: 2021-02-08
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 12/16/2020) regarding 34 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00456-UNJ Document 42 Filed 02/08/21 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0456V
UNPUBLISHED
DARRELL BARRETT, Chief Special Master Corcoran
Petitioner, Filed: December 16, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
Respondent. Administration (SIRVA)
Jessica Olins, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Zoe Wade, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On March 28, 2019, Darrell Barrett 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 right shoulder injuries as a result of an
influenza vaccine administered on December 28, 2017. Petition at 1-4. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On December 16, 2020, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On December 16, 2020, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded
$203,785.70. Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees
with the proffered award. Id. Based on the record as a whole, I find that Petitioner is
entitled to an award as stated in the Proffer.
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-00456-UNJ Document 42 Filed 02/08/21 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, I award Petitioner 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) in the
form of a check payable to Petitioner. This amount represents compensation for all
damages that would be available under § 15(a).
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-00456-UNJ Document 42 Filed 02/08/21 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
DARRELL BARRETT, )
)
Petitioner, )
) No. 19-456V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Procedural History
On March 28, 2019, Darrell Barrett (“petitioner”) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act”
or “Act”), alleging that he suffered a Shoulder Injury Related to Vaccine Administration
(“SIRVA”) as a result of an influenza vaccine he received on December 28, 2017. Petition at 1.
On June 30, 2020, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c)
Report indicating that this case is appropriate for compensation under the terms of the Act. ECF
No. 40.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $203,785.70 ($85,000.00 for pain and suffering, $3,427.34 for unreimbursed
expenses, and $115,358.36 for lost earnings). This amount represents all elements of
compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner
agrees.

Case 1:19-vv-00456-UNJ Document 42 Filed 02/08/21 Page 4 of 4
III. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $203,785.70, in the form of a check payable to petitioner.1
Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
JEFFERY BOSSERT CLARK
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
s/ Zoë Wade
ZOË WADE
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-4118
Fax: (202) 616-4310
Email: zoe.wade@usdoj.gov
Dated, December 16, 2020.
1 Should petitioner die prior to entry of judgment, respondent would oppose any award for future medical expenses,
future lost earnings, and future pain and suffering, and the parties reserve the right to move the Court for appropriate
relief.
2