VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01635 Package ID: USCOURTS-cofc-1_22-vv-01635 Petitioner: Barbara Fribush Filed: 2022-11-02 Decided: 2024-11-18 Vaccine: influenza Vaccination date: 2021-10-10 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: 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. Theory of causation field: Petitioner Barbara Fribush alleged a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 10, 2021. The alleged onset was within 48 hours, localized to the injection site, with residual effects lasting over six months. The Respondent conceded that the injury is consistent with SIRVA as defined by the Vaccine Injury Table and that Petitioner met all legal prerequisites for compensation. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical findings. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on October 16, 2024, finding Petitioner entitled to compensation based on Respondent's concession. Petitioner's counsel was Ronald C. Homer, and Respondent's counsel was Christopher Pinto. The outcome was entitlement granted, pending damages. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-01635-0 Date issued/filed: 2024-11-18 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 10/16/2024) regarding 32 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01635-UNJ Document 35 Filed 11/18/24 Page 1 of 2 In the United States Court of Federal Claims 3 OFFICE OF SPECIAL MASTERS No. 22-1635V BARBARA FRIBUSH, Chief Special Master Corcoran Petitioner, Filed: October 16, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald C. Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Christopher Pinto, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On November 2, 2022, Barbara Fribush 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 left shoulder injury related to vaccine administration (“SIRVA”) after receiving an influenza (“flu”) vaccine on October 10, 2021. Petition at 1. Petitioner further alleges the onset of her pain was within 48 hours of vaccination, her pain and limited range of motion was limited to the shoulder where the vaccine was administered, that she had no other condition or abnormality which would explain her shoulder pain, and that she suffered the residual effects of her condition for more than six months.. See generally Petition. The case was assigned to the Special Processing Unit of the Office of Special Masters. 1 Because this Ruling 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 Ruling 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). Case 1:22-vv-01635-UNJ Document 35 Filed 11/18/24 Page 2 of 2 On October 16, 2024, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, Respondent notes that Petitioner’s left shoulder injury is consistent with SIRVA as defined by the Vaccine Injury Table and that based on the record as it now stands, Petitioner has satisfied all legal prerequisites for compensation under the Act. Id. at 2-3. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_22-vv-01635-cl-extra-10742682 Date issued/filed: 2024-11-18 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10276092 -------------------------------------------------------------------------------- 3 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1635V BARBARA FRIBUSH, Chief Special Master Corcoran Petitioner, Filed: October 16, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald C. Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Christopher Pinto, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On November 2, 2022, Barbara Fribush 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 left shoulder injury related to vaccine administration (“SIRVA”) after receiving an influenza (“flu”) vaccine on October 10, 2021. Petition at 1. Petitioner further alleges the onset of her pain was within 48 hours of vaccination, her pain and limited range of motion was limited to the shoulder where the vaccine was administered, that she had no other condition or abnormality which would explain her shoulder pain, and that she suffered the residual effects of her condition for more than six months.. See generally Petition. The case was assigned to the Special Processing Unit of the Office of Special Masters. 1 Because this Ruling 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 Ruling 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). On October 16, 2024, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, Respondent notes that Petitioner’s left shoulder injury is consistent with SIRVA as defined by the Vaccine Injury Table and that based on the record as it now stands, Petitioner has satisfied all legal prerequisites for compensation under the Act. Id. at 2-3. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2