Karen LaBonte v. HHS - Influenza, right shoulder injury related to vaccine administration (2022)
Case summary [AI summaries can sometimes make mistakes]
Karen LaBonte filed a petition for compensation under the National Vaccine Injury Compensation Program on December 21, 2020, alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine administered on October 9, 2019. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on October 7, 2022, conceding that Ms.
LaBonte is entitled to compensation. The respondent concluded that Ms.
LaBonte's SIRVA met the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for SIRVA, and that she satisfied the statutory and jurisdictional requirements of the Vaccine Act. Chief Special Master Brian H.
Corcoran issued a ruling on entitlement on October 7, 2022, finding Ms. LaBonte entitled to compensation.
Subsequently, on November 9, 2022, the respondent filed a proffer on award of compensation, recommending an award of $50,000.00 for all damages, which Ms. LaBonte agreed to.
Chief Special Master Corcoran issued a decision on November 9, 2022, awarding Ms. LaBonte a lump sum payment of $50,000.00 in the form of a check payable to her.
This award represents compensation for all damages available under Section 15(a) of the Vaccine Act. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V.
Durant, PLLC, and respondent was represented by Katherine Carr Esposito of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments Ms. LaBonte underwent.