Elaine Labor v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2025)

Elaine Labor filed her petition on January 11, 2021, and filed an amended petition on December 15, 2021 with additional detail and medical-record citations. She alleged that an influenza vaccine administered in her left shoulder on or about October 19, 2018 caused a left shoulder injury related to vaccine administration.

Labor was represented by Laura Levenberg of Muller Brazil, LLP. The case had a contested procedural history before settlement.

On July 8, 2024, the Chief Special Master issued findings of fact and conclusions of law dismissing Labor's Table claim. Respondent also denied that Labor suffered from SIRVA, denied that the flu vaccine caused her alleged shoulder injury or any other injury, and denied that any current condition was a sequela of a vaccine-related injury.

The public stipulation does not describe Labor's first shoulder symptom, onset interval, physical findings, imaging, injections, therapy, work limitations, or daily-life effects. It also does not explain the July 2024 fact findings in detail.

What the available record shows is that Labor continued to pursue a vaccine-related left shoulder claim after the Table theory was dismissed, and the parties resolved the remaining disputed claim by stipulation. Chief Special Master Brian H.

Corcoran found the stipulation reasonable and adopted it on February 3, 2025. Labor received $9,730.00 in a check payable to her, representing all Vaccine Act damages available under Section 15(a).