James Barnett v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2023)

James Barnett filed a petition for compensation under the National Vaccine Injury Compensation Program on February 23, 2023, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination received on September 20, 2018. The petition stated the vaccine was administered in the United States, the injury lasted more than six months, and no prior action or compensation had been received.

Respondent denied that Mr. Barnett sustained a SIRVA Table Injury, denied that the injury was caused by the flu vaccine, and denied any other injury.

Despite these denials, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. Chief Special Master Corcoran adopted the stipulation as the decision, awarding Mr.

Barnett a lump sum of $50,000.00. This amount represents compensation for all damages available under Section 15(a) of the Vaccine Act.

The parties also agreed to submit to further proceedings for attorney fees and costs. The stipulation noted that the award reflects a compromise of the parties' respective positions on liability and damages, and it does not constitute an admission by the Secretary that the flu vaccine caused the alleged injury.