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.
Theory of causation
Influenza vaccine in right arm, October 19, 2021, adult registered nurse, alleged right Table SIRVA. ENTITLEMENT GRANTED; damages pending. Respondent contested 48-hour onset because first formal shoulder treatment was March 31, 2022. Key evidence: prior 1999 right shoulder injury fully resolved; petitioner swore pain began within hours and stiffness/trouble lifting by next day; she delayed care because she was a nurse, expected self-treatment to work, and said PCP reassured her in December 2021; March 2022 PCP record referred to continued pain since flu vaccine; MRI showed labral tear/fraying, biceps tendinopathy, capsular thickening, subscapularis tendinopathy/low-grade tear, and AC arthrosis; later PT and acupuncture documented frozen shoulder since vaccine. Chief Special Master Corcoran credited onset within 48 hours and found Table SIRVA. Decision September 17, 2025. Attorney Jonathan Svitak; respondent Rachelle Bishop.
Source PDFs
USCOURTS-cofc-1_23-vv-00378