VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01264
Package ID: USCOURTS-cofc-1_19-vv-01264
Petitioner: Christine Barton
Filed: 2019-08-19
Decided: 2021-10-20
Vaccine: influenza
Vaccination date: 2016-12-08
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 115650

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01264-0
Date issued/filed: 2021-03-22
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/19/2021) regarding 22 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01264-UNJ Document 24 Filed 03/22/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1264V
UNPUBLISHED
CHRISTINE BARTON, Chief Special Master Corcoran
Petitioner, Filed: February 19, 2021
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)
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Lynn Christina Schlie, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On August 19, 2019, Christine Barton 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 a shoulder injury related to vaccine
administration, which meets the Table definition for SIRVA, after receiving an influenza
vaccine on December 8, 2016. Petition at 1, ¶¶ 2, 17. Petitioner further alleges that she
received the vaccination in the United States, suffered the residual effects of her SIRVA
for more than six months, and that she has not filed a civil action or received an award or
settlement for her SIRVA. Id. at ¶¶ 2, 17-19. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
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-01264-UNJ Document 24 Filed 03/22/21 Page 2 of 2
On February 19, 2021, Respondent filed his Rule 4(c) report in which he concedes
that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at
1. Specifically, Respondent believes “[P]etitioner has satisfied the criteria set forth in the
Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”).”
Id. at 6.
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-01264-1
Date issued/filed: 2021-10-20
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 09/15/2021) regarding 31 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01264-UNJ Document 35 Filed 10/20/21 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1264V
UNPUBLISHED
CHRISTINE BARTON, Chief Special Master Corcoran
Petitioner, Filed: September 15, 2021
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)
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Lynn Christina Schlie, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On August 19, 2019, Christine Barton 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 a shoulder injury related to vaccine
administration, which meets the Table definition for SIRVA, after receiving an influenza
vaccine on December 8, 2016. Petition at 1, ¶¶ 2, 17. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On February 19, 2021, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for her SIRVA. On September 15, 2021, Respondent filed a
proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded
$115,650.00, representing $115,000.00 for her pain and suffering and $650.00 for her
actual unreimbursable expenses. Proffer at 1. In the Proffer, Respondent represented
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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:19-vv-01264-UNJ Document 35 Filed 10/20/21 Page 2 of 4
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.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $115,650.00, representing $115,000.00 for her pain and suffering
and $650.00 for her actual unreimsurable expenses in the form of a check payable
to Petitioner. This amount represents compensation for all damages that would be
available under Section 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-01264-UNJ Document 35 Filed 10/20/21 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
CHRISTINE BARTON, )
)
Petitioner, )
) No. 19-1264V (ECF)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On February 19, 2021, respondent conceded that entitlement to compensation was
appropriate under the terms of the Vaccine Act. ECF No. 20. The same day, Chief Special
Master Corcoran issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine
compensation for her Shoulder Injury Related to Vaccine Administration (“SIRVA”). ECF No.
22.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$115,650.00. The award is comprised of the following: $115,000.00 for pain and suffering, and
$650.00, for actual unreimbursable expenses. 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-01264-UNJ Document 35 Filed 10/20/21 Page 4 of 4
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment of $115,650.00, in the form of a check payable to petitioner. Petitioner
agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully subm itted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ LYNN C. SCHLIE
Lynn C. Schlie
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-3667
Fax: (202) 616-4310
Email: Lynn.Schlie@usdoj.gov
Dated: September 15, 2021