Holly LaPointe v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2026)
Case summary [AI summaries can sometimes make mistakes]
On November 1, 2022, Holly LaPointe filed a petition alleging that an influenza vaccine administered on October 21, 2020 caused a shoulder injury related to vaccine administration. Respondent contested whether her pain began within 48 hours, pointing to a first treatment record on November 25, 2020 and several intervening appointments for vertigo and knee-surgery issues.
Ms. LaPointe argued that her reports of left arm pain, her explanations for delayed treatment, and supporting declarations established timely onset.
Chief Special Master Brian H. Corcoran found the Table SIRVA criteria satisfied.
Damages were also disputed. Ms.
LaPointe sought $85,000.00 for pain and suffering, citing a multi-year course, pain up to 8 out of 10, two MRIs, two steroid injections, diclofenac, and occupational therapy. Respondent proposed $55,000.00, emphasizing treatment gaps, generally full range of motion early on, and other possible pain sources.
The Chief Special Master awarded $75,000.00 for pain and suffering and $4,182.37 in unreimbursed expenses, for a total of $79,182.37 on January 9, 2026.
Theory of causation
Influenza vaccine October 21, 2020 causing Table SIRVA; adult, exact age not stated; onset found within 48 hours. COMPENSATED after contested entitlement/damages. Respondent disputed onset and severity; evidence included vertigo/knee-surgery appointment context, pain up to 8/10, two MRIs, two steroid injections, diclofenac, OT, treatment gaps, and possible unrelated pain sources. Award $75,000 pain/suffering + $4,182.37 expenses = $79,182.37. Chief SM Brian H. Corcoran; petition November 1, 2022; decision January 9, 2026.
Source PDFs
USCOURTS-cofc-1_22-vv-01627