Darrel Laurette v. HHS - Influenza, left Shoulder Injury Related to Vaccine Administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
On July 18, 2019, Darrel Laurette filed a petition seeking compensation under the National Vaccine Injury Compensation Program, alleging he suffered a left Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on October 21, 2016. Mr.
Laurette, who was 39 years old at the time and employed as a radiological technician, stated that his job required extensive physical activity. There were no medical records immediately following the vaccination.
Mr. Laurette reported experiencing left shoulder pain approximately six weeks after the vaccination, which he attributed to the injection.
He sought medical attention in December 2016 and January 2017, reporting pain and a limited range of motion in his left shoulder. His treatment included prescriptions for medication, an X-ray which showed no abnormalities, and later, a steroid shot, physical therapy, and arthroscopic surgery in 2018.
Witness affidavits from his wife and a work colleague supported his claims of pain and limitations following the vaccination. The respondent argued that Mr.
Laurette's pain did not begin within 48 hours of vaccination and was not limited to the shoulder. However, Chief Special Master Brian H.
Corcoran found that the evidence, including witness affidavits, supported an onset of pain within 48 hours of vaccination and that the pain was primarily localized to the vaccinated shoulder, satisfying the Table requirements for a SIRVA claim. The Special Master granted entitlement on November 21, 2022.
Subsequently, on April 29, 2024, Chief Special Master Corcoran issued a decision awarding Mr. Laurette $130,000.00 for actual pain and suffering, plus $6,342.93 to satisfy a Medicaid lien, totaling $136,342.93 in compensation.
Petitioner was represented by Bruce W. Slane, and respondent was represented by Martin C.
Galvin in the entitlement phase, and Camille Collett in the damages phase.
Theory of causation
Petitioner Darrel Laurette, age 39, received an influenza vaccine on October 21, 2016, and alleged a left Shoulder Injury Related to Vaccine Administration (SIRVA). The claim proceeded as a Table claim. Respondent argued that the onset of pain was not within 48 hours of vaccination and that the pain was not limited to the shoulder. Petitioner presented evidence, including his own affidavit and those of his wife and a work colleague, indicating pain onset within 48 hours and localization to the left shoulder, despite a delay in seeking medical treatment. The Special Master, Brian H. Corcoran, found that the evidence preponderantly supported a Table onset within 48 hours and that the pain was primarily limited to the shoulder, satisfying the criteria outlined in 42 C.F.R. § 100.3(c)(10). Entitlement was granted on November 21, 2022. Damages were awarded on April 29, 2024, totaling $136,342.93, consisting of $130,000.00 for pain and suffering and $6,342.93 for a Medicaid lien. Petitioner was represented by Bruce W. Slane and respondent by Martin C. Galvin (entitlement) and Camille Collett (damages).