Virginia Lamine v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

On November 10, 2020, Virginia Lamine filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 14, 2018. Ms.

Lamine, a 41-year-old dental hygienist, reported immediate soreness after the injection, which progressed to significant pain and limited range of motion within days. She sought medical attention over two months later, on December 28, 2018, reporting persistent left shoulder pain since the vaccination.

Her initial treatment included physical therapy, which provided some improvement, but she continued to experience pain and discomfort. Ms.

Lamine attributed her delayed return to formal treatment to financial constraints as a single mother. Medical records documented ongoing shoulder pain and tenderness, consistent with impingement syndrome and rotator cuff tendonitis.

The respondent initially contested entitlement, arguing that the medical records did not establish the onset of pain within 48 hours of vaccination and that the injury did not last for more than six months. Ms.

Lamine filed a motion for a ruling on the record, contending she met the criteria for a Table SIRVA claim. The Chief Special Master, Brian H.

Corcoran, issued a Ruling on Entitlement on June 30, 2023, finding that Ms. Lamine met the criteria for a Table SIRVA claim, including the onset of pain within 48 hours of vaccination and residual effects lasting more than six months.

The decision noted that the injury was mild and that any damages award would reflect this. Subsequently, on August 11, 2023, Chief Special Master Corcoran issued a Decision awarding Ms.

Lamine $42,500.00 for pain and suffering, based on a stipulation between the parties. The award was a lump sum payment made via check to Ms.

Lamine. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and Respondent was represented by Amanda Pasciuto of the U.S.

Department of Justice.