Barbara Fribush v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2024)

Barbara Fribush filed a petition for compensation under the National Vaccine Injury Compensation Program on November 2, 2022. She alleged that she suffered a left shoulder injury related to vaccine administration, commonly known as SIRVA, after receiving an influenza vaccine on October 10, 2021.

Ms. Fribush claimed that the onset of her pain occurred within 48 hours of vaccination, was localized to the injection site, and that she had no other condition that would explain the shoulder pain.

She further alleged that the residual effects of her condition lasted for more than six months. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On October 16, 2024, the Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Petitioner is entitled to compensation. The Respondent noted that Petitioner's left shoulder injury is consistent with SIRVA as defined by the Vaccine Injury Table and that, based on the existing record, Petitioner has satisfied all legal prerequisites for compensation under the Act.

In light of the Respondent's concession and the evidence in the record, Chief Special Master Brian H. Corcoran found Petitioner entitled to compensation, with damages to be determined.

The ruling was signed by Chief Special Master Brian H. Corcoran on October 16, 2024, and filed on November 18, 2024.

Petitioner's counsel was Ronald C. Homer of Conway, Homer, P.C., and Respondent's counsel was Christopher Pinto of the U.S.

Department of Justice.