Darrel Laurette v. HHS - Influenza, left Shoulder Injury Related to Vaccine Administration (SIRVA) (2024)

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 1, 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.