Sharon LaBounty v. HHS - Influenza, Chronic Regional Pain Syndrome (CRPS) (2021)
Case summary [AI summaries can sometimes make mistakes]
On March 9, 2017, Sharon LaBounty filed a petition under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine administered on September 18, 2015, caused her to develop brachial plexopathy and brachial neuritis. Her petition was amended twice: first, on August 15, 2018, to allege a shoulder injury related to vaccine administration (SIRVA), and second, on September 15, 2018, to allege Chronic Regional Pain Syndrome (CRPS).
The respondent is the Secretary of Health and Human Services. Special Master Katherine E.
Oler issued a Ruling on Entitlement on December 28, 2020, finding that Ms. LaBounty had met her burden of proof and was entitled to compensation because the flu vaccine caused her CRPS.
The Special Master's decision was based on expert opinions and medical literature supporting a link between vaccinations and CRPS, as well as a proximate temporal relationship between the vaccination and the onset of her symptoms, which began approximately 15 minutes after the injection. The Special Master also considered Ms.
LaBounty's pre-existing conditions, such as migraines and dysmenorrhea, as potential risk factors for CRPS. Following the entitlement ruling, the parties stipulated to an award of damages.
On September 21, 2021, Special Master Oler issued a Decision Awarding Damages, adopting the parties' proffer. Ms.
LaBounty was awarded $135,000.00 as a lump sum payment for actual pain and suffering. Petitioner was represented by Howard Gold of Gold Law Firm, LLC, and Respondent was represented by Christine Becer of the U.S.
Department of Justice.