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 December 3, 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.
Theory of causation
Petitioner Sharon LaBounty, age 49, received an influenza vaccine on September 18, 2015. She alleged this vaccine caused her to develop Chronic Regional Pain Syndrome (CRPS), an off-Table injury. Petitioner's initial claims of brachial plexopathy and brachial neuritis were amended to allege SIRVA and then CRPS. Special Master Katherine E. Oler found that Petitioner met her burden of proof for an off-Table claim under the Althen standard. Petitioner presented expert testimony from Dr. Marcel Kinsbourne, who opined that Petitioner met the Budapest Criteria for CRPS and that the flu vaccine caused her condition, citing case reports and medical literature linking vaccinations to CRPS. Respondent presented expert testimony from Dr. Brian Callaghan, who argued that Petitioner's symptoms were better explained by central sensitization syndrome and that there was insufficient epidemiological support for a link between flu vaccines and CRPS. Special Master Oler found that Petitioner's symptoms met the Budapest Criteria for CRPS, noting that while Dr. Callaghan disputed certain symptom classifications, the medical records documented edema and motor/trophic signs. The Special Master found that Petitioner's pre-existing migraines and dysmenorrhea were risk factors for CRPS, as supported by medical literature. Regarding the Althen prongs, the Special Master found a medically acceptable temporal relationship, with symptoms beginning approximately 15 minutes after vaccination, supported by Dr. Kinsbourne's opinion and case reports. The Special Master also found a logical sequence of cause and effect, noting the close temporal proximity and the opinions of treating physicians. The medical theory presented by Dr. Kinsbourne, supported by literature and case reports, was deemed sufficient to establish causation, despite the lack of a precise biological mechanism. The parties stipulated to an award of $135,000.00 for actual pain and suffering, paid as a lump sum check to Petitioner. Special Master Oler issued the Ruling on Entitlement on December 28, 2020, and the Decision Awarding Damages on December 3, 2021. Petitioner was represented by Howard Gold, and Respondent by Christine Becer.
Source PDFs
USCOURTS-cofc-1_17-vv-00325