Cara Barger v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2024)

Cara Barger filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) resulting from an influenza vaccine received on September 28, 2020. She stated the vaccine was administered in the United States, she experienced residual effects for more than six months, and there had been no prior award or settlement for her condition.

Respondent denied that Ms. Barger sustained a SIRVA, that the vaccine caused her injury, or that her condition was a sequela of a vaccine-related injury.

Despite these differing positions, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court found the stipulation reasonable and adopted it as its decision.

Ms. Barger was awarded a lump sum of $28,000.00, representing compensation for all items of damages available under Section 15(a).

This amount is intended to cover all damages, and the parties also agreed to proceedings for attorneys' fees and costs. The stipulation was not an admission by the United States that the vaccine caused the injury, but rather a negotiated settlement.