Christine Barton v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Christine Barton filed a petition for compensation under the National Vaccine Injury Compensation Program on August 19, 2019, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on December 8, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on February 19, 2021, conceding that Ms.
Barton was entitled to compensation. The respondent stated that Ms.
Barton satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. Chief Special Master Brian H.
Corcoran issued a Ruling on Entitlement on February 19, 2021, finding Ms. Barton entitled to compensation.
Subsequently, on September 15, 2021, the respondent filed a proffer proposing an award of $115,650.00. This amount included $115,000.00 for pain and suffering and $650.00 for unreimbursable expenses.
The proffer stated that Ms. Barton, a competent adult, agreed with the proposed award.
Chief Special Master Corcoran issued a decision on October 20, 2021, awarding the stipulated amount of $115,650.00 as a lump sum payment, payable by check to Ms. Barton.
The award represented compensation for all damages available under Section 15(a) of the Vaccine Act. Petitioner was represented by Paul R.
Brazil of Muller Brazil, LLP, and respondent was represented by Lynn Christina Schlie of the U.S. Department of Justice.
Theory of causation
Petitioner Christine Barton alleged a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on December 8, 2016. The respondent conceded that the condition met the Table definition for SIRVA and that petitioner was entitled to compensation. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts. The case proceeded based on the respondent's concession and the Vaccine Injury Table. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on February 19, 2021. On September 15, 2021, respondent proffered an award of $115,650.00, consisting of $115,000.00 for pain and suffering and $650.00 for unreimbursable expenses, which petitioner accepted. Chief Special Master Corcoran issued a decision awarding this amount on October 20, 2021. Petitioner was represented by Paul R. Brazil and respondent by Lynn C. Schlie.
Source PDFs
USCOURTS-cofc-1_19-vv-01264