Cara Criscione v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2015)

Cara Criscione filed a petition under the National Vaccine Injury Compensation Program on August 3, 2015, alleging that she suffered shoulder injuries caused in fact by an influenza vaccine she received on October 7, 2014. The case was assigned to the Special Processing Unit.

On December 9, 2015, the respondent filed a Rule 4(c) report conceding that the petitioner's alleged injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and was caused in fact by the flu vaccine. In a ruling on entitlement dated December 10, 2015, Chief Special Master Nora Beth Dorsey found that petitioner was entitled to compensation.

Subsequently, on December 29, 2015, the parties filed a proffer on the award of compensation. The respondent proffered an award of $71,235.37, representing all elements of compensation under 42 U.S.C. § 300aa-15(a), to which the petitioner agreed.

In a decision dated December 29, 2015, Chief Special Master Dorsey awarded petitioner a lump sum payment of $71,235.37, payable to Cara Criscione, for all damages. Additionally, on December 29, 2015, the parties filed a stipulation concerning attorneys' fees and costs.

They stipulated to an award of $16,017.72 for attorneys' fees and costs. Petitioner's counsel represented that petitioner incurred no out-of-pocket expenses.

In a decision dated December 29, 2015, Chief Special Master Dorsey granted the request and awarded a total of $16,017.72 as a lump sum, payable jointly to petitioner Cara Criscione and her counsel, Maximillian Muller. Petitioner was represented by Maximillian Muller of Muller Brazil, LLP, and respondent was represented by Sarah Duncan of the U.S.

Department of Justice.