Kacy Barker v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

Kacy Barker filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination she received on September 23, 2020. She further alleged that she suffered the residual effects of her injury for more than six months.

The respondent conceded that Petitioner is entitled to compensation, stating her injury was consistent with SIRVA as defined by the Vaccine Injury Table. Specifically, Petitioner had no prior shoulder issues, pain occurred within 48 hours post-vaccination, the pain was limited to the injection shoulder, and no other condition explained the pain.

The respondent also agreed that Petitioner suffered residual effects for more than six months. Based on the respondent's concession and the evidence, the court found Petitioner entitled to compensation.

Subsequently, the parties stipulated to an award of $63,023.54, representing $63,000.00 for pain and suffering and $23.54 for unreimbursed out-of-pocket expenses. The award was made as a lump sum payment to Kacy Barker, who is a competent adult.