Marie Belanger v. HHS - Influenza, left-sided shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Marie Belanger filed a petition for compensation under the National Vaccine Injury Compensation Program on January 12, 2021, alleging she suffered a left-sided shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 12, 2020. The influenza vaccine is listed on the Vaccine Injury Table.
Respondent denied that Petitioner sustained a SIRVA or any other injury caused by the vaccine. Despite maintaining their positions, the parties filed a joint stipulation on September 5, 2023, agreeing to settle the case.
Chief Special Master Brian H. Corcoran adopted the stipulation as the decision awarding damages.
The court awarded Marie Belanger a lump sum of $15,000.00 as compensation for all damages available under the program. This award represents a negotiated settlement of liability and damages.
Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and Respondent was represented by Joseph Douglas Leavitt of the U.S. Department of Justice.
The public decision does not describe the onset of symptoms, specific medical tests, or treatments.
Theory of causation
Petitioner Marie Belanger received an influenza vaccine on October 12, 2020. The influenza vaccine is listed on the Vaccine Injury Table. Petitioner alleged a left-sided shoulder injury related to vaccine administration (SIRVA) and that residual effects lasted more than six months. Respondent denied that Petitioner sustained a SIRVA or any other injury caused by the vaccine. The parties filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation as the decision. The award was a lump sum of $15,000.00 for all damages available under 42 U.S.C. § 300aa-15(a). The stipulation was dated September 5, 2023, and the decision was issued on September 5, 2023. Petitioner's counsel was Ronald Craig Homer, and Respondent's counsel was Joseph Douglas Leavitt. The public text does not detail the specific mechanism of injury, expert testimony, or the specific Table theory relied upon, other than the vaccine being listed on the Table.
Source PDFs
USCOURTS-cofc-1_21-vv-00645