Joan Barclay v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
On March 16, 2023, Joan Barclay filed a petition alleging a right shoulder SIRVA after an influenza vaccination administered in her right arm on October 19, 2021. She was a registered nurse.
Although she had a right shoulder injury requiring surgery in 1999, she stated that she fully recovered and had no continuing pain or limitations before the flu shot. Ms.
Barclay said her shoulder began hurting within hours of vaccination and was stiff and difficult to lift by the next day. She did not seek formal shoulder treatment for about five and a half months.
She explained that, as a nurse, she thought she could self-treat with stretching, massage, and over-the-counter medication, and that she mentioned the pain to her primary-care physician in December 2021 but was told it would likely resolve. When she returned to her PCP on March 31, 2022, the record described a continued complaint of right shoulder pain and decreased range of motion since the October flu vaccine.
MRI showed labral tearing/fraying, biceps tendinopathy, capsular thickening, subscapularis tendinopathy with a low-grade tear, and acromioclavicular arthrosis. She later treated with physical therapy and acupuncture for frozen shoulder symptoms.
Respondent contested only whether onset occurred within the Table's 48-hour window. Chief Special Master Brian H.
Corcoran found Ms. Barclay's declarations credible and consistent with later records, including PT notes that she had consulted her doctor in December.
He granted entitlement on September 17, 2025, finding that she satisfied the Table SIRVA and statutory requirements. Damages remain pending.
Ms. Barclay was represented by Jonathan Joseph Svitak of Shannon Law Group, P.C.
Source PDFs
USCOURTS-cofc-1_23-vv-00378