Tammy Barton v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Filed 2021-01-11Decided 2024-05-28Vaccine Influenza
compensated$100,000

Case summary [AI summaries can sometimes make mistakes]

Tammy Barton filed a petition on January 11, 2021, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she sustained a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 21, 2019.

Petitioner claimed this injury was a Table injury or, alternatively, that the vaccine caused her shoulder injury, and that she experienced residual effects for more than six months. The respondent denied that the flu vaccine caused Petitioner to suffer a SIRVA Table Injury, that the vaccine caused Petitioner’s alleged shoulder injury, or any other injury, and also denied that Petitioner’s current condition was a sequela of a vaccine-related injury.

Despite maintaining their positions, both parties agreed to settle the case through a stipulation filed on May 1, 2024. Chief Special Master Brian H.

Corcoran reviewed the file and adopted the parties' stipulation, concluding it was reasonable. The stipulation awarded Tammy Barton a lump sum of $100,000.00, payable by check to Petitioner, representing all damages available under the Act.

The decision directed the Clerk of the Court to enter judgment accordingly. Maximillian J.

Muller of Muller Brazil, LLP, represented the Petitioner, and Katherine Edwards of the U.S. Department of Justice represented the Respondent.

The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury.

Theory of causation

Petitioner Tammy Barton alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on November 21, 2019. The petition claimed the injury was a Table injury or, alternatively, vaccine-caused, with residual effects lasting over six months. Respondent denied the vaccine caused a SIRVA Table Injury or any other injury. The parties stipulated to settle, with the Special Master adopting the stipulation. The award was $100,000.00. The public text indicates a "Table" theory was considered, but does not detail specific medical experts, competing medical theories, or the specific mechanism of injury. Petitioner counsel was Maximillian J. Muller (Muller Brazil, LLP), and Respondent counsel was Katherine Edwards (U.S. Dep’t of Justice). Chief Special Master Brian H. Corcoran issued the decision on May 28, 2024.

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