Deborah Belker-Frechette v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
On October 19, 2021, Deborah Belker-Frechette filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) due to an influenza vaccine received on October 5, 2020. Petitioner, then 62 years old, claimed the vaccine was administered too high in her left deltoid, leading to pain and limited range of motion.
She sought treatment from her primary care provider, physical therapists, acupuncturists, and massage therapists. Medical records documented her consistent reporting of left shoulder pain and limitations, correlating the onset to the vaccination.
Respondent initially disputed the timing of her pain onset but later conceded that Petitioner met the remaining criteria for a Table SIRVA injury. Chief Special Master Brian H.
Corcoran issued a ruling on entitlement on December 6, 2024, finding that Petitioner's pain onset occurred within 48 hours of vaccination and that she satisfied all other requirements for a Table SIRVA injury. Subsequently, the parties reached a stipulation for damages.
On January 3, 2025, Respondent filed a proffer recommending an award of $50,000.00 for pain and suffering, which Petitioner agreed to. Chief Special Master Corcoran issued a decision on February 20, 2025, awarding Petitioner a lump sum of $50,000.00 for pain and suffering.
Petitioner was represented by David John Carney of Green & Schafle LLC, and Respondent was represented by Sarah Black Rifkin of the U.S. Department of Justice.
Theory of causation
Petitioner Deborah Belker-Frechette, age 62, received an influenza vaccine on October 5, 2020. She alleged a left shoulder injury related to vaccine administration (SIRVA), a condition listed on the Vaccine Injury Table. Petitioner claimed the vaccine was administered too high in her left deltoid, causing pain and limited range of motion. Medical records and Petitioner's statements indicated pain onset within 48 hours of vaccination, correlating to the administration date. Respondent initially disputed the onset timing but later conceded Petitioner met the remaining criteria for a Table SIRVA. Chief Special Master Brian H. Corcoran ruled on entitlement on December 6, 2024, finding Petitioner met the criteria for a Table SIRVA, including the 48-hour onset requirement. The parties stipulated to damages, and on February 20, 2025, Chief Special Master Corcoran awarded Petitioner $50,000.00 for pain and suffering. Petitioner was represented by David John Carney (Green & Schafle LLC) and Respondent by Sarah Black Rifkin (U.S. Department of Justice).
Source PDFs
USCOURTS-cofc-1_21-vv-02043