VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01913
Package ID: USCOURTS-cofc-1_20-vv-01913
Petitioner: Karen LaBonte
Filed: 2020-12-21
Decided: 2022-12-14
Vaccine: influenza
Vaccination date: 2019-10-09
Condition: right shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 50000

AI-assisted case summary:
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 December 14, 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.

Theory of causation field:
Karen LaBonte filed a petition alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on October 9, 2019. The respondent conceded entitlement, finding the injury to be a Table injury under the National Vaccine Injury Compensation Program. The respondent's Rule 4(c) report concluded that Petitioner met the criteria for SIRVA as defined by the Vaccine Injury Table and its Qualifications and Aids to Interpretation. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on October 7, 2022. Subsequently, a proffer on award of compensation was filed on November 9, 2022, recommending a lump sum payment of $50,000.00 for all damages, which Petitioner agreed to. Chief Special Master Corcoran issued a decision awarding this amount on December 14, 2022. Petitioner was represented by Leah VaSahnja Durant and Respondent by Katherine Carr Esposito. The specific mechanism of injury, medical experts, or detailed clinical findings were not described in the provided public text.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01913-0
Date issued/filed: 2022-12-05
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/07/2022) regarding 29 Ruling on Entitlement, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:20-vv-01913-UNJ Document 37 Filed 12/05/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1913V
UNPUBLISHED
KAREN LABONTE, Chief Special Master Corcoran
Petitioner, Filed: October 7, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On December 21, 2020, Karen LaBonte filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). Petitioner alleges that she suffered form a right shoulder injury related to
vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered
on October 9, 2019. Petition at 1. Petitioner further alleges that the vaccine was
administered within the United States, that she suffered from the residual effects of her
injury for more than six months, and that she has not received compensation in the form
of an award or settlement for her vaccine-related injury. Petition at 1-3. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
1 Because this unpublished Ruling contains a reasoned explanation for the action in this case, I am required
to post it on the United States Court of Federal Claims' website in accordance with the E-Government Act
of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government
Services). This means the Ruling will be available to anyone with access to the internet. In accordance
with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information,
the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that
the identified material fits within this definition, I will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:20-vv-01913-UNJ Document 37 Filed 12/05/22 Page 2 of 2
On October 7, 2022, Respondent filed his Rule 4(c) report in which he concedes
that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at
1. Specifically, Respondent has concluded that Petitioner has satisfied the criteria set
forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for a
SIRVA. Id. at 6. Respondent further agrees that Petitioner has met the statutory and
jurisdictional requirements of the Vaccine Act. Id.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_20-vv-01913-1
Date issued/filed: 2022-12-14
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 11/09/2022) regarding 33 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:20-vv-01913-UNJ Document 38 Filed 12/14/22 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1913V
UNPUBLISHED
KAREN LABONTE, Chief Special Master Corcoran
Petitioner, Filed: November 9, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
Respondent. Administration (SIRVA)
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On December 21, 2020, Karen LaBonte filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). Petitioner alleges that she suffered from a shoulder injury related to
vaccine administration (“SIRVA”) as a result of an influenza vaccine administered on
October 9, 2019. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On October 7, 2022, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for a SIRVA. On November 9, 2022, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $50,000.00. Proffer
at 1-2. In the Proffer, Respondent represented that Petitioner agrees with the proffered
1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am
required to post it on the United States Court of Federal Claims' website in accordance with the E-
Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic
Government Services). This means the Decision will be available to anyone with access to the
internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact
medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy.
If, upon review, I agree that the identified material fits within this definition, I will redact such material from
public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:20-vv-01913-UNJ Document 38 Filed 12/14/22 Page 2 of 4
award. Id. Based on the record as a whole, I find that Petitioner is entitled to an award as
stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $50,000.00 in the form of a check payable to Petitioner. This amount
represents compensation for all damages that would be available under Section 15(a).
The Clerk of Court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

Case 1:20-vv-01913-UNJ Document 38 Filed 12/14/22 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
KAREN LABONTE,
Petitioner,
No. 20-1913V
v. Chief Special Master Corcoran
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On December 21, 2020, Karen LaBonte (“petitioner”) filed a petition for compensation
(“petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -
34, as amended. She alleges that, as a result of receiving the influenza vaccine on October 9,
2019, she suffered from a Shoulder Injury Related to Vaccine Administration (“SIRVA”). See
Petition. On October 7, 2022, respondent filed his Vaccine Rule 4(c) report, concluding that
petitioner suffered SIRVA as defined by the Vaccine Injury Table, within the Table timeframe.
On October 7, 2022, Chief Special Master Corcoran issued a ruling on entitlement, finding that
petitioner was entitled to compensation for a SIRVA Table injury.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $50,000.00, for all damages. This amount represents all elements of
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after
the Damages Decision is issued.

Case 1:20-vv-01913-UNJ Document 38 Filed 12/14/22 Page 4 of 4
compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
III. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment, as described below, and requests that the Chief Special Master’s
decision and the Court’s judgment award the following: A lump sum payment of $50,000.00 in
the form of a check payable to petitioner.2 Petitioner agrees.
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C.SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/Katherine C. Esposito
Katherine C. Esposito
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington D.C. 20044-0146
Tel: (202) 305-3774
katherine.esposito@usdoj.gov
Dated: November 9, 2022
2 Should petitioner die prior to entry of judgment, respondent would oppose any award for
future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
2