Bria Barry v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Bria Barry, a 41-year-old woman, filed a petition for compensation under the National Vaccine Injury Compensation Program on December 16, 2020. She alleged that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) resulting from an influenza vaccine administered on October 26, 2018.
Ms. Barry stated that the vaccination occurred in the United States, that she experienced residual effects of her injury for more than six months, and that no related lawsuits had been filed.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on July 25, 2022, conceding that Ms. Barry was entitled to compensation as she met the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for SIRVA.
A ruling on entitlement was issued on July 28, 2022, by Chief Special Master Brian H. Corcoran, finding Ms.
Barry entitled to compensation. The parties were unable to agree on damages, leading to a decision on damages.
Ms. Barry's medical history indicated that approximately eight weeks after vaccination, on December 18, 2018, she presented to orthopedist Dr.
Garrett Lynch with left shoulder pain, rating it 5/10. She reported the pain began on the day of vaccination.
She received two cortisone injections, was prescribed ibuprofen, and referred for an MRI and physical therapy. An MRI revealed tendinopathy of the rotator cuff tendons and edema in the deltoid muscle, possibly related to injections.
Ms. Barry underwent physical therapy from December 2018 to January 2019.
She returned to Dr. Lynch on January 11, 2019, reporting some relief from cortisone injections but that they were wearing off, and received two more injections.
On February 1, 2019, she reported continued pain, and surgery was discussed. She sought a second opinion from Dr.
Cyrus Lashgari on February 25, 2019, who noted a partial rotator cuff tear. Ms.
Barry elected to continue conservative treatment. She returned to Dr.
Lynch on February 28, 2019, and scheduled surgery. On March 25, 2019, she underwent arthroscopic surgery including distal clavicle excision, rotator cuff debridement, SLAP lesion debridement, and subacromial decompression.
Post-operative diagnoses included a partial rotator cuff tear, chronic impingement syndrome, chronic AC joint pain, and a partial tear of the biceps tendon. She underwent a second round of physical therapy from March to June 2019.
Her pain levels varied post-surgery, managed with medication. By July 1, 2019, her pain was rated 0/10, and by August 20, 2019, it was occasional dull pain rated 1/10.
She experienced a slip and fall on October 9, 2019, but her shoulder exam the next day was normal. In the decision awarding damages, issued on July 25, 2023, Chief Special Master Corcoran awarded Ms.
Barry $113,000.00 for pain and suffering and $2,444.81 for past unreimbursable expenses, totaling $115,444.81. The decision considered the severity and duration of her pain, her inability to care for her young children, and compared her case to other SIRVA awards involving surgery, finding the case of Issertell to be the most comparable.
Petitioner counsel was Ronald Craig Homer. Respondent counsel was Rachelle Bishop.
Chief Special Master Brian H. Corcoran issued the rulings.
Theory of causation
Petitioner Bria Barry, age 41, received an influenza vaccine on October 26, 2018. She alleged a Shoulder Injury Related to Vaccine Administration (SIRVA). Respondent conceded entitlement, finding Petitioner met the criteria on the Vaccine Injury Table. Medical records documented left shoulder pain beginning approximately eight weeks post-vaccination, leading to physical therapy, cortisone injections, and arthroscopic shoulder surgery. The parties could not agree on damages. Chief Special Master Brian H. Corcoran issued a decision awarding Petitioner $113,000.00 for pain and suffering and $2,444.81 for past unreimbursable expenses, totaling $115,444.81. The award was based on the severity and duration of her pain, the impact on her ability to care for her children, and comparison to SIRVA cases involving surgery, particularly Issertell v. Sec’y of HHS. Petitioner counsel was Ronald Craig Homer, and Respondent counsel was Rachelle Bishop.