Caroline Courbois v. HHS - Influenza, shoulder injury related to vaccine administration (2016)
Case summary [AI summaries can sometimes make mistakes]
Caroline Courbois filed a petition on November 27, 2013, alleging that an influenza vaccination received on January 10, 2013, caused a shoulder injury related to vaccine administration (SIRVA). The respondent filed a report on September 22, 2014, conceding that Petitioner's alleged injury was consistent with SIRVA and that she met all legal prerequisites for compensation.
Special Master Lisa Hamilton-Fieldman issued a ruling on entitlement in Petitioner's favor on September 23, 2014. A damages hearing was held on April 5, 2016.
Special Master Hamilton-Fieldman awarded Caroline Courbois compensation totaling $158,243.40. This award included a lump sum payment of $158,243.40 for previously incurred expenses, home modifications, past and future pain and suffering, and the first year of unreimbursable future expenses.
Additionally, an amount sufficient to purchase an annuity contract was awarded for future compensation years, with annual payments increasing at a 4% rate compounded annually. The specific breakdown of the lump sum included $1,200.00 for massage therapy, $3,600.00 for cleaning services, $2,600.00 for a hairdresser, $3,200.00 for landscaping services, $4,000.00 for home modifications, $142,794.40 for pain and suffering, and $849.00 for past unreimbursable expenses.
Future annual compensation, starting from the second year, was set at $10,600.00, subject to a 4% annual increase. The case was treated as a Table claim.
Theory of causation
Petitioner Caroline Courbois alleged that an influenza vaccine administered on January 10, 2013, caused a shoulder injury related to vaccine administration (SIRVA). The respondent conceded entitlement, agreeing that the alleged injury was consistent with SIRVA and that Petitioner met all legal prerequisites. The case was treated as a Table claim. Special Master Lisa Hamilton-Fieldman issued an entitlement ruling on September 23, 2014, and a damages decision on May 11, 2016. The damages award totaled $158,243.40, comprising a lump sum for past expenses, home modifications, pain and suffering, and the first year of future expenses, plus an annuity for subsequent years with a 4% annual increase. Petitioner's counsel was Peter Meyers, and Respondent's counsel was Michael Milmoe for the entitlement phase. For the damages phase, Petitioner's counsel was Renée Gentry, and Respondent's counsel remained Michael Milmoe. No specific medical experts or detailed causation mechanism beyond the "Table" classification were described in the provided public text.
Source PDFs
USCOURTS-cofc-1_13-vv-00939