Jane Barcomb v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Jane Barcomb filed a petition for compensation under the National Vaccine Injury Compensation Program on October 2, 2019. She alleged that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine administered on January 15, 2018.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Barcomb was entitled to compensation.
The respondent concluded that her case met the criteria for a SIRVA Table injury. On March 30, 2021, Chief Special Master Brian H.
Corcoran issued a ruling on entitlement, finding Ms. Barcomb eligible for compensation.
Subsequently, on November 10, 2021, the respondent filed a proffer on the award of compensation. Ms.
Barcomb agreed to the proffered award. Chief Special Master Corcoran issued a decision on December 13, 2021, awarding Ms.
Barcomb a total of $144,727.40. This award consisted of a lump sum payment of $140,000.00 for pain and suffering and a lump sum payment of $4,727.40 to satisfy a State of Vermont Medicaid lien.
The payments were to be made via checks. Petitioner counsel was Maximillian J.
Muller of Muller Brazil, LLP. Respondent counsel was Ronalda Elnetta Kosh of the U.S.
Department of Justice.
Theory of causation
Petitioner Jane Barcomb alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on January 15, 2018. The respondent conceded entitlement, finding the case met the criteria for a SIRVA Table injury. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on March 30, 2021, finding Petitioner eligible for compensation. On November 10, 2021, Respondent filed a proffer on award, agreeing to $140,000.00 for pain and suffering and $4,727.40 to satisfy a State of Vermont Medicaid lien. Petitioner agreed to the award. Chief Special Master Corcoran issued a decision on December 13, 2021, awarding the total of $144,727.40 in two lump sum payments. Petitioner counsel was Maximillian J. Muller, and respondent counsel was Ronalda Elnetta Kosh.
Source PDFs
USCOURTS-cofc-1_19-vv-01528