Haley Labian v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
Haley Labian filed a petition for compensation under the National Vaccine Injury Compensation Program on May 28, 2024. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on September 20, 2022.
The petition stated that the vaccine was administered in the United States, her symptoms persisted for more than six months, and no civil action had been filed or compensation received for this injury. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On December 30, 2024, the Respondent filed a Rule 4(c) report conceding that Petitioner was entitled to compensation. The Respondent agreed that Petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting that she had no prior history of shoulder pain or dysfunction, that pain occurred within 48 hours of vaccination, that the pain and reduced range of motion were limited to the injection site shoulder, and that no other condition could explain the shoulder pain.
The Respondent also agreed that records demonstrated the condition's residual effects persisted for more than six months and that Petitioner satisfied all legal prerequisites for compensation. On December 31, 2024, Chief Special Master Brian H.
Corcoran issued a Ruling on Entitlement, finding Petitioner entitled to compensation. Subsequently, on January 30, 2025, the Respondent filed a Proffer on Award of Compensation, proposing an award of $143,675.00, which Petitioner agreed to.
This amount comprised $135,000.00 for pain and suffering and $8,675.00 for past unreimbursable expenses. On January 31, 2025, Chief Special Master Brian H.
Corcoran issued a Decision Awarding Damages, awarding Petitioner $143,675.00 to be paid via ACH deposit to her counsel's IOLTA account for prompt disbursement. Petitioner was represented by Laura Levenberg of Muller Brazil, LLP, and Respondent was represented by Jay Travis Williamson of the U.S.
Department of Justice.