Keri Anne Bordelon v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2019)
Case summary [AI summaries can sometimes make mistakes]
Keri Anne Bordelon filed a petition for compensation on December 6, 2017, alleging that she suffered a right shoulder injury, known as Shoulder Injury Related to Vaccine Administration (SIRVA), as a result of her influenza vaccination on October 4, 2016. The respondent conceded that petitioner's injury was a Table injury and that she met all legal prerequisites for compensation.
A ruling on entitlement was issued on November 6, 2018, finding her entitled to compensation. The parties subsequently resolved damages through written briefing, with the petitioner seeking $94,950.00 and the respondent contending $55,000.00 would be reasonable.
The petitioner's medical records indicated pain starting approximately two weeks after vaccination, rated 9/10 at worst, with mild limitations in range of motion. She received a steroid injection, attended physical therapy, and her pain improved significantly over several months, though she reported ongoing stiffness and limited range of motion.
MRI findings showed mild tendinosis and degenerative changes without a rotator cuff tear. The court awarded $75,000.00 for past pain and suffering, finding her condition less severe and of shorter duration than those warranting higher awards, and found insufficient evidence for future pain and suffering.
Theory of causation
Petitioner Keri Anne Bordelon received an influenza vaccine on October 4, 2016. She subsequently developed a right shoulder injury related to vaccine administration (SIRVA). The respondent conceded that this was a Table injury and that petitioner met all legal prerequisites for compensation. The parties resolved damages through written briefing. Petitioner sought $94,950.00, while respondent contended $55,000.00 was reasonable. The Special Master, Nora Beth Dorsey, reviewed the medical records, which indicated pain starting approximately two weeks post-vaccination, rated 9/10 at worst, with mild limitations in range of motion. Treatment included a steroid injection and physical therapy, leading to significant improvement over several months, though some stiffness and limited range of motion persisted. MRI findings showed mild tendinosis and degenerative changes without a rotator cuff tear. The Special Master awarded $75,000.00 for past pain and suffering, finding the condition less severe and of shorter duration than cases warranting higher awards, and found insufficient evidence for future pain and suffering. The decision was issued on June 5, 2019. Petitioner's counsel was Shealene Priscilla Mancuso of Muller Brazil, LLP, and respondent's counsel was Voris Edward Johnson of the U.S. Department of Justice.
Source PDFs
USCOURTS-cofc-1_17-vv-01892