VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00081
Package ID: USCOURTS-cofc-1_21-vv-00081
Petitioner: Rolland Barr
Filed: 2021-01-05
Decided: 2023-10-10
Vaccine: influenza
Vaccination date: 2019-09-24
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 25000

AI-assisted case summary:
Rolland Barr filed a petition for vaccine compensation on January 5, 2021, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine he received on September 24, 2019. Mr. Barr stated the vaccine was administered in the United States and that he suffered residual effects for more than six months. Respondent denied that Mr. Barr sustained a SIRVA Table injury or that the flu vaccine caused his injury. Nevertheless, the parties reached a joint stipulation for settlement. Chief Special Master Brian H. Corcoran adopted the stipulation as the decision awarding damages. Mr. Barr was awarded a lump sum of $25,000.00 as compensation for all items of damages available under Section 15(a). The parties also agreed to submit to further proceedings for reasonable attorney's fees and costs. Petitioner was represented by John Robert Howie of Howie Law, PC, and Respondent was represented by Dorian Hurley of the U.S. Department of Justice. The decision was issued on October 10, 2023.

Theory of causation field:
Petitioner Rolland Barr alleged a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on September 24, 2019. Respondent denied a SIRVA Table injury or that the vaccine caused the injury. The parties reached a joint stipulation for settlement. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $25,000.00 for all damages under 42 U.S.C. § 300aa-15(a). The stipulation noted that the parties maintained their positions but agreed to settlement. Petitioner was represented by John Robert Howie, and Respondent by Dorian Hurley. The decision was issued on October 10, 2023.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00081-0
Date issued/filed: 2023-11-14
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/11/2023) regarding 46 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-00081-UNJ Document 53 Filed 11/14/23 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-81V
ROLLAND BARR, Chief Special Master Corcoran
Petitioner, Filed: October 11, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner.
Dorian Hurley, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 5, 2021, Rolland Barr 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 he suffered a shoulder injury related to vaccine
administration caused by an influenza vaccine administered on September 24, 2019.
Petition at 1-2; Stipulation, filed at October 10, 2023, ¶¶ 1, 2. Petitioner further alleges
that the vaccine was administered within the United States, that he suffered the residual
effects of the alleged injury for more than six months, and that there has been no prior
award or settlement of a civil action for damages on Petitioner’s behalf as a result of his
injury. Petition at 1-2; Stipulation at ¶¶ 3-5. Respondent denies that Petitioner sustained
a SIRVA Table injury; denies that the flu vaccine caused Petitioner’s alleged shoulder
injury, or any other injury; and denies that Petitioner’s current condition is a sequela of a
vaccine-related injury. Stipulation at ¶ 6.
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018).

Case 1:21-vv-00081-UNJ Document 53 Filed 11/14/23 Page 2 of 7
Nevertheless, on October 10, 2023, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. I find the stipulation
reasonable and adopt it as my decision awarding damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $25,000.00 in the form of a check payable to Petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of damages
that would be available under Section 15(a). Id.
I approve the requested amount for Petitioner’s compensation. In the absence of
a motion for review filed pursuant to RCFC Appendix B, the Clerk of 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 1:21-vv-00081-UNJ Document 53 Filed 11/14/23 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ROLLAND BARR,
Petitioner, No. 21-8IV
Chief Special Master Corcoran
V. ECF
SECRET ARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
I. Rolland Barr ("petitioner") filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine
. Program"). The petitiQn seeks compensation for injuries allegedly related to petitioner's receipt
. . . .
of an influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § I 00.3(a). 1
2. Petitioner received a.flu vaccine on September 24, 2019:
. . .
,. ' ,,.
3. The vaccine-was administered within the United States.
. . .
4. Petitioner. alleges that petitioner s.uffered a shoulder injury ·related to vaccine
adn:iinistration ("SIRVA") ~ithin the time period set forth in the Table. Petitioner further alleges
that petitioner suffered the residual effects of the alleged injury for more than six months.
1 On May 24, 2022, petitioner filed an amended petition that included additional detail regarding
petitioner's course of treatment, but no substantive claims were added.

Case 1:21-vv-00081-UNJ Document 53 Filed 11/14/23 Page 4 of 7
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on petitioner's behalf as a result of the alleged injury.
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu
vaccine caused petitioner's alleged shoulder injury, or any other injury; and denies that
petitioner's current condition is a sequela of a vaccine-related injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21 (a)(l ), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $25,000.00 in the fonn of a. check payable to petitismer. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-l 5(a). • • •
9. As soon as practicable after the entry ofj udgment on entitlement in this case, and after
petitioner has filed hoth a proper and_timely'election to receive com'pensation pursu~_nt to 42
U.S.C. § 300aa-2 I (a)( I), and an application, the parties will submit to further proceedings before .
the special master to aw~rd reasonable attorney~' 'fees and costs incuiTe9 in proceeding upon· th.is•
petition.-
I 0. Petitioner and petitioner's attorney represent that compensation to be provided
pursuant to this Stipulation is not for any items or services for which the Program is not
primarily liable under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can
reasonably be expected to be made under any State compensation programs, insurance policies,
2

Case 1:21-vv-00081-UNJ Document 53 Filed 11/14/23 Page 5 of 7
Federal or State health benefits programs (other than Title XIX of the Social Security Act (42
U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject
to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorney's fees and litigation costs, and past unreimbursed expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-l 5(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in petitioner's
individual capacity, and on behalf of petitioner's heirs, executors, administrators, successors or
assigns, does forever irrevoca~ly and unconditionally release, acquit and discharge the United
States and the ·secretary of Health and Human Services from any and all actions or causes of
. .
action (including agreements, judgments, claims, damages, loss of services, expenses and all
demands of what~ver kind or nature) tha~. have been brought, co~ld have been brought, or could
be timely brought in the Court of Federal Claims, under the National Vaccine .Injury
Compensation Program, 42 U:S.C. § 300aa-10 efseq:,·on account of, or in an)~ way growing out'
of, any and_all known or unknown,_suspected or unsuspect~d personal injuries to or death of
petitioner resulting from, or alleged to have resulted from, the flu vaccination administered on
September 24, 2019, as alleged in a petition for vaccine compensation filed on or about January
5, 2021, amended on May 24, 2022, in the United States Court of Federal Claims as petition No.
2 l-81V.
3

Case 1:21-vv-00081-UNJ Document 53 Filed 11/14/23 Page 6 of 7
J4 . If petitioner should die prior to entry ofj udgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete confonnity with the tenns
of this Stipulation or if the Court of Federal Claims fails to enter judgment in confonnity with a
decision that is in complete confonnity with the tenns of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the natur.e of the injury or condit.ion or in the
items of compensation sought, is not grou.nds to modify or revise ·this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health.and Human Services that_t he flu vaccine caused petitioner's alleged inju~y or
any other injury or petitioner's current disabilities, or that petitioner suffered an injury contained
in the Vaccine Injury Table. • . •
18. All _rights and obligations (!f petitioner h~reunder s~all apply equally to pe~itioner' s
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
I
4

Case 1:21-vv-00081-UNJ Document 53 Filed 11/14/23 Page 7 of 7
p.1
Oct 02 23. 11: 55a H
Respectfully submitted.
ATIOR1-•EY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATIORNEY GENERAL:
~ kV cWtJJv"--=9~
J~M,~ HEATHER L. PEARLMAN
HOWIE LAW, P.C. Deputy Director
2608 Hibernia Street Torts Branch
Dallas, Texas 75204 Civil Division
(214) 662-6340; (214) 622-6341 U.S. Department ofJustice
jhowie@howielaw.net P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044--0146
AlITHORIZED REPRESENTATIVE AT TORl'IBY OF RECORD FOR
OFTHESECRETARYOFHEALTH RESPONDENT:
AND HUMAN SERVICES:
Henry P.
=1snec1i,yt1..-,yP.
by Mcmillan -ss :,m.1.0, 21 ~ . f)quw_ ~ ~
CDR GEORGE REED GRNES, MD. MPH DORIAN ~E~Y . .
Director: Division of Injury • Trial Attorney
• Compensation Programs Torts Branch
.. Health Systems Bureau Civ.i l Di . v ision .
Health Resources and SeIVices U.S. Department of Justice
Administration P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
and Human Services Washington, DC 20044..0146
5600 Fishers Lane, 08W-25A Phone: (202) 353-7751
Rockville, MD 20857 Email: dorian.burley@usdoj.gov
/t
Dated: 10 O / 2.o 2-.3
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