Nicole Bialeschki v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
On March 11, 2024, Nicole Bialeschki filed a Vaccine Program petition after receiving an influenza vaccine on October 3, 2022. She alleged that the vaccine caused a shoulder injury related to vaccine administration, or SIRVA, and that the residual effects lasted more than six months.
Respondent conceded entitlement in a Rule 4(c) report filed November 7, 2024. The report stated that Bialeschki's alleged injury was consistent with SIRVA under the Vaccine Injury Table and that the legal prerequisites for compensation were satisfied.
Chief Special Master Brian H. Corcoran granted entitlement on November 26, 2024.
The public decisions do not provide a detailed onset or treatment narrative beyond the SIRVA concession. Respondent filed a damages proffer on January 31, 2025, and Bialeschki agreed.
That same day, Chief Special Master Corcoran awarded $50,818.54, to be paid by ACH to counsel's IOLTA account for prompt disbursement to Bialeschki. The award consisted of $50,000.00 for pain and suffering and $818.54 for past unreimbursable expenses.
She was represented by Ronald Craig Homer of Conway, Homer, P.C.
Theory of causation
Influenza vaccine (October 3, 2022) causing shoulder injury related to vaccine administration (SIRVA). COMPENSATED. Respondent conceded a Table SIRVA and legal prerequisites in Rule 4(c) report; public documents contain limited clinical detail beyond the concession. Entitlement granted by Chief Special Master Brian H. Corcoran on November 26, 2024; damages awarded January 31, 2025. Award: $50,818.54 ACH to counsel IOLTA ($50,000.00 pain and suffering + $818.54 past unreimbursable expenses). Attorney: Ronald Craig Homer, Conway, Homer, P.C., Boston, MA.
Source PDFs
USCOURTS-cofc-1_24-vv-00382