Renee LaCourse-Burmeister v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

On March 12, 2020, Renee LaCourse-Burmeister filed a petition under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine administered on September 25, 2018, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). Petitioner was 52 years old at the time of vaccination and had no prior relevant medical history.

The respondent, the Secretary of Health and Human Services, initially contended that the evidence did not demonstrate six months of residual effects or onset of symptoms within 48 hours of vaccination. After preliminary review, the respondent formally opposed compensation, maintaining these two points were not established.

Petitioner filed a motion for a ruling on the record, arguing that her SIRVA symptoms began within 48 hours and persisted for more than six months. Chief Special Master Brian H.

Corcoran issued a ruling on entitlement on February 16, 2022, finding that Petitioner had established both the six-month residual effects requirement and the 48-hour onset period, thus entitling her to compensation. The ruling detailed the medical history, including Petitioner's report of left shoulder and arm pain starting on September 25, 2018, after receiving the flu vaccine, which she believed was administered too high in her shoulder.

Medical records documented tenderness, pain with movement, and abnormal findings on several tests. Petitioner underwent physical therapy and was prescribed medication.

An MRI showed mild tendinosis, fraying, a grade 2 intramuscular tear pattern, and a possible SLAP tear. The orthopedist noted edema around the deltoid where the flu shot was given and projected resolution within three to five months.

Despite a February 8, 2019, orthopedics record stating no other concerns, the Chief Special Master found that subsequent records established the injury had not resolved more than six months post-onset. The Chief Special Master also found preponderant evidence of onset within 48 hours, citing medical records beginning 24 days post-vaccination that memorialized pain starting on the vaccination date and increasing over the following weeks.

The ruling also addressed the possibility of pre-existing pathology being provoked by the vaccine. Following the entitlement ruling, a damages decision was issued on October 7, 2022.

Based on a proffer agreed to by both parties, Petitioner was awarded a total of $45,824.68. This amount comprised $45,000.00 for pain and suffering and $824.68 for past unreimbursable medical expenses, to be paid as a lump sum check to Petitioner.

Leigh Finfer of Muller Brazil, LLP represented Petitioner, and Debra A. Filteau Begley of the U.S.

Department of Justice represented the Respondent.