VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01470 Package ID: USCOURTS-cofc-1_22-vv-01470 Petitioner: Shirley Barker Filed: 2022-10-07 Decided: 2025-07-17 Vaccine: influenza Vaccination date: 2021-12-08 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 25000 AI-assisted case summary: On October 7, 2022, Shirley Barker filed a petition alleging that an influenza vaccine administered on or about December 8, 2021 caused a left shoulder injury related to vaccine administration. Respondent denied that Ms. Barker sustained a Table SIRVA, denied vaccine causation, and denied vaccine-related sequelae. The public stipulation does not describe the first symptom, treatment visits, imaging, injections, therapy, or residual limitations. The parties settled the case by stipulation. On July 17, 2025, Chief Special Master Brian H. Corcoran adopted the stipulation and awarded Ms. Barker $25,000.00 as a lump sum through counsel's IOLTA account. Theory of causation field: Influenza vaccine on/about December 8, 2021 allegedly causing left SIRVA; adult, exact age not stated. COMPENSATED by stipulation. Respondent denied Table SIRVA, causation, and sequelae; public stipulation lacks clinical chronology. Award $25,000 lump sum. Chief SM Brian H. Corcoran; petition October 7, 2022; decision July 17, 2025. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-01470-0 Date issued/filed: 2025-08-19 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/17/2025) regarding 34 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01470-UNJ Document 42 Filed 08/19/25 Page 1 of 7 (cid:36)(cid:48)(cid:51)(cid:51)(cid:38)(cid:36)(cid:53)(cid:38)(cid:37) In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1470V SHIRLEY BARKER, Chief Special Master Corcoran Petitioner, Filed: July 17, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jonathan J. Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner. Ryan P. Miller, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On October 7, 2022, Shirley Barker 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 she suffered a shoulder injury related to vaccine administration (“SIRVA”) after receiving an influenza (“flu”) vaccination on or about December 8, 2021. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 17, 2025, Respondent filed the attached joint stipulation,3 requesting that I issued a decision awarding $25,000.00 to Petitioner. Stipulation at ¶ 8. I find the 1Because 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. 2National 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). 3Usually, a proffer is filed by Respondent if the parties have reached an informal agreement regarding the appropriate amount of compensation to be awarded after an entitlement determination. However, in a minority of cases, the parties may choose to file a joint stipulation instead, representing more of a compromise regarding the compensation to be awarded. Case 1:22-vv-01470-UNJ Document 42 Filed 08/19/25 Page 2 of 7 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,Iaward Petitioner a lump sum payment of $25,000.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. This amount represents compensation for all damages that would be available under Section 15(a). The Clerk of Court is directed to enter judgment in accordance with this decision.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 4 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 1:22-vv-01470-UNJ Document 42 Filed 08/19/25 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS SHIRLEY BARKER, Petitioner, No. 22-1470V (SPU) V. Chief Special Master Corcoran SECRETARY OF IIEALTII AND ECF HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I. Petitioner, Shirley Barker, filed a petition for vaccine compensation under the National Vaccine htjury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine Program"). The petition seeks compensation for ittjuries allegedly related to petitioner's receipt of the influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the ''Table''), 42 C.F.R. § 100.3 (a). 2. Petitioner received the vaccine on or about December 8, 2021. 3. The vaccine was administered within the United States. 4. Petitioner alleges that she suffered a left Shoulder htjury Related to Vaccine Administration ("SIRVA") within the time period set forth in the Table. She further alleges that she experienced the residual effects of this condition for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages arising out of the alleged vaccine injury. - 1 - Case 1:22-vv-01470-UNJ Document 42 Filed 08/19/25 Page 4 of 7 6. Respondent denies that petitioner suffered a Table SIRVA inju1y; denies that any vaccine caused petitioner's alleged shoulder inju1y, or any other injury; and denies that petitioner's cun-etll condition is a sequel a of a vaccine-related injmy. 7. Maintaining their above-stated positions, the parties neve11heless 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 tenns of this Stipulation, and after petitioner has filed an election to receive compensation pmsuant 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 payment of $25,000.00, to be paid through an ACII deposit to petitioner's counsel's fOL'rA account for prompt disbursement to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-I5 (a). 9. As soon as practicable after the entry ofj udgment on entitlement in this case, and atler petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-2 I (a)( I), and an application, the pat1ies will submit to fw1her proceedings before the special master to award reasonable attorneys' fees and costs incmTed in any proceeding upon this petition. I 0. Petitioner and petitioner's attorney represent that compensation to be provided pmsuant 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, federal or State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § 1396 ct seq.)), or by entities that provide health sctvices on a pre-paid basis, and -2 - Case 1:22-vv-01470-UNJ Document 42 Filed 08/19/25 Page 5 of 7 represent that they have identified to respondent all known sources of payment for items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-l 5(g). 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-l 5(i), subject to the avai !ability 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 unreimbursable expenses, the money provided pursuant to this Stipulation will be used solely for the benefi1 or petitioner as contemplated by a strict construction of 42 U.S.C. § 300aa-I 5(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 petitioner's individual capacity, and on behalf of petitioner's 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 al I actions or causes of action (including agreements, judgments, claims, damages, loss of services, expenses and al I demands of whatever kind or nature) that have been brought, could have been brought, or could be timely brought in the United States Court of Federal Claims, under the National Vaccine Injury Compensation Progmm, 42 U.S.C. § 300aa-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 or about December 8, 2021, as alleged by petitioner in a petition for vaccine compensation filed on or about October 7, 2022, in the United States Court or Federal Claims as petition No. 22-1470V. -3 - Case 1:22-vv-01470-UNJ Document 42 Filed 08/19/25 Page 6 of 7 14. If petitioner should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Cou11 on behalf of either or both of the pat1ies. 15. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the United States Court ofFederal Claims fails to enter judgment in confonnity 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 litjmy 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 ft111her 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 t\111her, 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 Secretmy of I lcalth and Human Services that the flu vaccine caused petitioner's alleged injury or any other injmy or petitioner's current condition, or that petitioner suffered an injury contained in the Vaccine lnju1y Table. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, amVor assigns. END Of STIPULATION -4 - Case 1:22-vv-01470-UNJ Document 42 Filed 08/19/25 Page 7 of 7 Respectfully submitted. PETITIONER: SHIRLEY BARKER ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF'THE ATTORNEY GENERAL: ~~\t&?~- JON AK HEA TIIER L. PEARLMAN Sh, PC Deputy Director 6825 Ilobson Valley Drive Torts Branch, Civil Division Suite IOI U.S. Department of Justice Woodridge, IL 60517 P.O. l3ox 146 (312) 578-950 l Benjamin franklin Station jsvitak@shannonlawgroup.com Washington, DC 20044-0146 AUTHORIZED IU:PRESf:NTATIVE ATTORNEY (W RECORD Fon. OF THE SECIU.:'l'ARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: s. effrey J Digitally signed by Jeffrey S. Beach •S -5 Beach Oate:2025.07.0914:09:46 ______ •Cl4'00' for ~ 1 CAPT GEORGE REED GRIMES, MD, MPH RYA& rtL& ~ Director. Division of Injury Trial Attorney Compensation Programs Torts Branch I lea Ith Systems Bureau Civil Division Health Resources and Services U.S. Department of Justice Administration P.O. Box 146 U.S. Department of Ilea Ith Benjamin Franklin Station and Human Services Washington. DC 20044-0146 5600 Fishers Lane, 08W-25A (202) 305-3027 Rockville, MD 20857 ryan.miller2@usdoj.gov Dated: _ ___J,_-+)..,_1·. .1..-. +/=2;...:~'---- - 5 - ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_22-vv-01470-cl-extra-11205390 Date issued/filed: 2025-11-19 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10738805 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1470V SHIRLEY BARKER, Chief Special Master Corcoran Petitioner, Filed: October 14, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jonathan Joseph Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner. Ryan Pohlman Miller, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On October 7, 2022, Shirley Barker 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 alleged that she suffered a shoulder injury related to vaccine administration following an influenza vaccine she received on December 8, 2021. Petition, ECF No. 1. On July 17, 2025, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 34. 1Because 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). Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $19,218.18 (representing $18,308.30 in fees plus $909.88 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed July 28, 2025, ECF No. 40. Furthermore, counsel for Petitioner represents that no personal out-of-pocket expenses were incurred by the Petitioner. ECF No. 40 at 2. Respondent reacted to the motion on July 30, 2025, indicating that he is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case but deferring resolution of the amount to be awarded to my discretion. Response at 2, 4. ECF No. 41. Petitioner filed no reply thereafter. I have reviewed the billing records submitted with Petitioner’s request. The rates requested for work performed through 2025 are reasonable and consistent with our prior determinations and will therefore be awarded herein. Furthermore, Petitioner has provided supporting documentation for all claimed costs. ECF No. 40-4 at 1-6. Respondent offered no specific objection to the rates or amounts sought. I find the requested costs reasonable and hereby award them in full. The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney’s fees and costs. Petitioner is awarded attorneys’ fees and costs in the total amount of $19,218.18 (representing $18,308.30 in fees plus $909.88 in costs) to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement. In the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk of Court shall 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), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review. 2