VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00161 Package ID: USCOURTS-cofc-1_22-vv-00161 Petitioner: Florence Barrett Filed: 2022-02-15 Decided: 2026-01-06 Vaccine: influenza Vaccination date: 2019-09-27 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 35000 AI-assisted case summary: On February 15, 2022, Florence Barrett filed a petition alleging that an influenza vaccine administered on September 27, 2019 caused a shoulder injury related to vaccine administration. Respondent denied that the flu vaccine caused Ms. Barrett's alleged shoulder injury, any other injury, or any current condition. The public stipulation does not describe her first symptom, onset interval, medical visits, imaging, injections, therapy, or residual limitations. The parties resolved the case by joint stipulation. On January 6, 2026, Chief Special Master Brian H. Corcoran adopted the stipulation and awarded Ms. Barrett $35,000.00 as a lump sum through counsel's IOLTA account. Theory of causation field: Influenza vaccine September 27, 2019 allegedly causing SIRVA; adult, exact age not stated. COMPENSATED by stipulation. Respondent denied causation and sequelae; public stipulation lacks clinical chronology. Award $35,000 lump sum. Chief SM Brian H. Corcoran; petition February 15, 2022; decision January 6, 2026. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-00161-0 Date issued/filed: 2026-02-02 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 1/6/2026) regarding 49 DECISION Stipulation. Signed by Special Master Mindy Michaels Roth. (dkj) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-00161-UNJ Document 52 Filed 02/02/26 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-161V Filed: January 6, 2026 * * * * * * * * * * * * * FLORENCE BARRETT, * * Petitioner, * * * v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * Jessi C. Huff, Esq., Mctlaw, Seattle, WA, for petitioner. Voris E. Johnson, Esq., US Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Roth, Special Master: On February 15, 2022, Florence Barrett filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that she developed a shoulder injury related to vaccine administration (“SIRVA”) or other shoulder injury from an influenza (“flu”) vaccine she received on September 27, 2019. Stipulation, filed January 6, 2026, at ¶¶ 1-4. Respondent denies that the aforementioned immunization caused petitioner’s 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). 1 Case 1:22-vv-00161-UNJ Document 52 Filed 02/02/26 Page 2 of 7 Nevertheless, the parties have agreed to settle the case. On January 6, 2026, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. Respondent agrees to issue the following payment: A lump sum of $35,000.00, to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt distribution to petitioner. This amount represents compensation for all damages that would be available under § 300aa-15(a). I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein.3 The clerk of the court is directed to enter judgment in accordance with this decision.4 IT IS SO ORDERED. s/ Mindy Michaels Roth Mindy Michaels Roth Special Master 3 The stipulation was filed with petitioner’s signature completed via Nintex AssureSign (electronic verification). To avoid the unnecessary disclosure of petitioner’s personal information, the Nintex AssureSign forms have been omitted from this decision. 4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review. 2 Case 1:22-vv-00161-UNJ Document 52 Filed 02/02/26 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS __________________________________________ ) FLORENCE BARRETT, ) ) Petitioner, ) ) No. 22-161V (ECF) v. ) Special Master Roth ) SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) __________________________________________) STIPULATION The parties hereby stipulate to the following matters: 1. On February 15, 2022, Florence Barrett (“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 petition seeks compensation for injuries allegedly related to petitioner’s receipt of a seasonal influenza (“flu”) vaccine, which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). 2. Petitioner received a flu vaccine on September 27, 2019. 3. The vaccine was administered within the United States. 4. Petitioner alleges that she suffered from a shoulder injury related to vaccine administration (“SIRVA”) within the time period set forth in the Table following administration of the vaccine, or in the alternative that her alleged injuries were caused-in-fact by the vaccine. Petitioner further alleges that she experienced the residual effects of this condition for more than six months. Case 1:22-vv-00161-UNJ Document 52 Filed 02/02/26 Page 4 of 7 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages as a result of her condition. 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the Tdap vaccine caused petitioner’s alleged shoulder injury, or any other injury; and denies that her 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)(1), the Secretary of Health and Human Services will issue the following vaccine compensation payment, which represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a): A lump sum of $35,000.00 to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. 9. As soon as practicable after the entry of judgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(1), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys’ fees and costs incurred in proceeding upon this petition. 10. Petitioner and her 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 2 Case 1:22-vv-00161-UNJ Document 52 Filed 02/02/26 Page 5 of 7 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, 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 attorneys’ 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-15(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in her individual capacity, and on behalf of her heirs, executors, administrators, successors or assigns, does forever irrevocably 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 whatever kind or nature) that have been brought, could 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. § 300 aa-10 et seq., on account of, or in any way growing out of, any and all known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or alleged to have resulted from, the flu vaccination administered on September 27, 2019, 3 Case 1:22-vv-00161-UNJ Document 52 Filed 02/02/26 Page 6 of 7 as alleged by petitioner in a petition for vaccine compensation filed on or about February 15, 2022, in the United States Court of Federal Claims as petition No. 22-161V. 14. If petitioner should die prior to entry of judgment, 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 conformity with the terms of this Stipulation, or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the terms 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 nature of the injury or condition or in the items of compensation sought, is not grounds 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 the flu vaccine caused petitioner’s alleged SIRVA or any other injury or petitioner’s current condition, or that petitioner suffered an injury contained in the Vaccine Injury Table. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner’s heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 4 Case 1:22-vv-00161-UNJ Document 52 Filed 02/02/26 Page 7 of 7