Courtney P. Binette v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)

Courtney P. Binette filed a petition for compensation on June 22, 2016, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on October 25, 2015.

The case was initially amenable to settlement discussions, but the parties were unable to reach an agreement. The court issued a ruling on entitlement on March 13, 2018, finding that Ms.

Binette was entitled to compensation. The ruling noted that while SIRVA was not on the Vaccine Injury Table at the time of her vaccination, her claim met the criteria for SIRVA, including no prior history of shoulder issues, onset of pain within 48 hours of vaccination, pain limited to the vaccinated shoulder, and no other condition explaining the symptoms.

The case then proceeded to damages. After a damages hearing, the court issued a ruling on March 20, 2019, awarding Ms.

Binette $130,000.00 for actual pain and suffering, $57,000.00 for future pain and suffering, and $7,101.98 for past unreimbursable medical expenses. The parties later agreed that the net present value of the future pain and suffering award was $41,212.94.

Therefore, a total lump sum payment of $178,314.92 was awarded.