Clare Lapier v. HHS - Influenza, right shoulder injuries and arthralgias (2018)

Filed 2017-02-10Decided 2018-10-17Vaccine Influenza
compensated$70,000

Case summary [AI summaries can sometimes make mistakes]

Clare Lapier filed a petition for compensation under the National Vaccine Injury Compensation Program on February 10, 2017, alleging that she suffered right shoulder injuries and arthralgias due to an influenza vaccination received on November 1, 2015. The petition stated that the vaccination was administered in the United States, that the alleged injury effects lasted for more than six months, and that no action for or compensation for vaccine-related injuries had been sought or received.

The respondent denied that the flu vaccine caused petitioner's alleged Shoulder Injury Related to Vaccine Administration (SIRVA) or any other injury or current condition. Despite the denial, on July 27, 2018, petitioner Clare Lapier and the Secretary of Health and Human Services filed a joint stipulation agreeing that a decision should be entered awarding compensation.

Chief Special Master Nora Beth Dorsey found the stipulation to be reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Clare Lapier was awarded a lump sum of $70,000.00, payable by check to the petitioner, as compensation for all items of damages.

Petitioner's counsel was Amy A. Senerth of Muller Brazil, LLP, and respondent's counsel was Linda Sara Renzi of the U.S.

Department of Justice. The decision was issued on October 17, 2018.

Theory of causation

Petitioner Clare Lapier alleged that an influenza vaccine received on November 1, 2015, caused right shoulder injuries and arthralgias, consistent with Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent denied causation. The parties filed a joint stipulation on July 27, 2018, agreeing to an award of compensation. The public decision does not detail the specific medical mechanism, expert testimony, or evidence presented regarding causation. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding a lump sum of $70,000.00 to petitioner Clare Lapier. The decision date was October 17, 2018. Petitioner was represented by Amy A. Senerth, and respondent by Linda Sara Renzi.

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