BARRETT v. SECRETARY OF HEALTH AND HUMAN SERVICES

OCR transcription for search; preserved printed pages are authoritative

Case 1:22-vv-00161-UNJ Document52 - Filed 02/02/26 Page1of7

In the Gnited States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-161V
Filed: January 6, 2026

* * * * * * * * * * * * *
FLORENCE BARRETT, *
*

Petitioner, *

*

*

V. *
*

SECRETARY OF HEALTH *
AND HUMAN SERVICES, **
*

Respondent. *

* OR KR Kk OR OK OK OR KR UK OR OK OK

Jessi C. Huff, Esq., Mctlaw, Seattle, WA, for petitioner.
Voris E. Johnson, Esq., US Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION!

Roth, Special Master:

On February 15, 2022, Florence Barrett filed a petition for compensation under the
National Vaccine Injury Compensation Program.’ Petitioner alleges that she developed a shoulder
injury related to vaccine administration (“SIRVA”) or other shoulder injury from an influenza
(‘flu’) vaccine she received on September 27, 2019. Stipulation, filed January 6, 2026, at {| 1-4.
Respondent denies that the aforementioned immunization caused petitioner’s injury. Stipulation
at J 6.

' Because this Decision 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 Decision 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.

? National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2018).

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

2
Nevertheless, the parties have agreed to settle the case. On January 6, 2026, the parties
filed a joint stipulation agreeing to settle this case and describing the settlement terms.
Respondent agrees to issue the following payment:
A lump sum of $35,000.00, to be paid through an ACH deposit to petitioner’s
counsel’s IOLTA account for prompt distribution to petitioner. This amount represents
compensation for all damages that would be available under § 300aa-15(a).
I adopt the parties’ stipulation attached hereto, and award compensation in the amount and
on the terms set forth therein.3 The clerk of the court is directed to enter judgment in accordance
with this decision.4
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 The stipulation was filed with petitioner’s signature completed via Nintex AssureSign (electronic
verification). To avoid the unnecessary disclosure of petitioner’s personal information, the Nintex
AssureSign forms have been omitted from this decision.
4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.
Case 1:22-vv-00161-UNJ Document 52 Filed 02/02/26 Page 2 of 7

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
FLORENCE BARRETT, 	)
)
Petitioner, 	)
) 	No. 22-161V (ECF)
v. 	) 	Special Master Roth
)
SECRETARY OF HEALTH 	)
AND HUMAN SERVICES, 	)
)
Respondent. 	)
__________________________________________)
STIPULATION
The parties hereby stipulate to the following matters:
1. On February 15, 2022, Florence Barrett (“petitioner”) filed a petition for vaccine
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10
to -34 (the “Vaccine Program”). The petition seeks compensation for injuries allegedly related
to petitioner’s receipt of a seasonal influenza (“flu”) vaccine, which vaccine is contained in the
Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a).
2. Petitioner received a flu vaccine on September 27, 2019.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she suffered from a shoulder injury related to vaccine
administration (“SIRVA”) within the time period set forth in the Table following administration
of the vaccine, or in the alternative that her alleged injuries were caused-in-fact by the vaccine.
Petitioner further alleges that she experienced the residual effects of this condition for more than
six months.
Case 1:22-vv-00161-UNJ Document 52 Filed 02/02/26 Page 3 of 7

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5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of her condition.
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
Tdap vaccine caused petitioner’s alleged shoulder injury, or any other injury; and denies that her
current condition is a sequela of a vaccine-related injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(1), the Secretary of Health and Human Services will issue
the following vaccine compensation payment, which represents compensation for all damages
that would be available under 42 U.S.C. § 300aa-15(a):
A lump sum of $35,000.00 to be paid through an ACH deposit to
petitioner’s counsel’s IOLTA account for prompt disbursement to
petitioner.
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U.S.C. § 300aa-21(a)(1), and an application, the parties will submit to further proceedings before
the special master to award reasonable attorneys’ fees and costs incurred in proceeding upon this
petition.
10. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
Case 1:22-vv-00161-UNJ Document 52 Filed 02/02/26 Page 4 of 7

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under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. §
1396 et seq.)), or by entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject
to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys’ fees and litigation costs, and past unreimbursed expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. §300aa-15(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity, and on behalf of her heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300 aa-10 et seq., on account of, or in any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting
from, or alleged to have resulted from, the flu vaccination administered on September 27, 2019,
Case 1:22-vv-00161-UNJ Document 52 Filed 02/02/26 Page 5 of 7

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as alleged by petitioner in a petition for vaccine compensation filed on or about February 15,
2022, in the United States Court of Federal Claims as petition No. 22-161V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation, or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties’
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties’ respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused petitioner’s alleged SIRVA
or any other injury or petitioner’s current condition, or that petitioner suffered an injury
contained in the Vaccine Injury Table.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner’s
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
Case 1:22-vv-00161-UNJ Document 52 Filed 02/02/26 Page 6 of 7

Case 1:22-vv-00161-UNJ

Respectfully submitted,

PETITIONER:

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fortes Aenwes ae unt Mhok Seka ate eTER eecet THOS

FLORENCE BARRETT |

ATTORNEY OF RECORD FOR
PETITIONER:

JESS] C. HUFF

mcetlaw

1325 4" Ave.

Suite 1730

Seattle, WA 98101
Tel: (888) 952-5242
jhuff@mctlaw.com

AUTHORIZED REPRESENT. TIVE
OF THE SECRETARY OF HI. \LTH

AND HUMAN SERVICES:
Digitally signed b
J effrey S. Jeffrey 5 Beach $

Date: 2025.12.04
Beach -S 11:25:33 -05'00' for

CAPT GEORGE REED GRIME... MD, MPH
Director, Division of Injury
Compensation Programs
Health Systems Bureau
Health Resources and Services
Administration
U.S. Department of Health
and Human Services
5600 Fishers Lane, 14W-18
Rockville, MD 20857

Dated: l [v/202 6

Document 52

Filed 02/02/26 Page 7 of 7

AUTHORIZED REPRESENTATIVE
OF THE ATTORNEY GENERAL:

c Mt 0, VDAA—
HEATHER L. PEARLMAN

Deputy Director

Torts Branch

Civil Division

U.S. Department of Justice
P.O. Box 146

Benjamin Franklin Station
Washington, DC 20044-0146

ATTORNEY OF RECORD FOR
RESPONDENT:

Vex le

VORIS E. JO ON, JR.
Assistant Direc

Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146

Benjamin Franklin Station
Washington, DC 20044-0146
Tel: (202)616-4136
voris.johnson@usdoj.gov