VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00829
Package ID: USCOURTS-cofc-1_15-vv-00829
Petitioner: Cara Criscione
Filed: 2015-12-10
Decided: 2016-05-02
Vaccine: influenza
Vaccination date: 2014-10-07
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 71235

AI-assisted case summary:
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 May 2, 2016, 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 May 2, 2016, 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.

Theory of causation field:
Petitioner Cara Criscione alleged that an influenza vaccine administered on October 7, 2014, caused a shoulder injury related to vaccine administration (SIRVA). The respondent conceded that the injury was consistent with SIRVA and was caused in fact by the flu vaccine. The public decision does not describe the specific mechanism of injury, onset, symptoms, or medical experts. The case was resolved via concession and stipulation. Petitioner was awarded $71,235.37 as a lump sum for all damages, and $16,017.72 for attorneys' fees and costs, jointly payable to petitioner and her counsel. Chief Special Master Nora Beth Dorsey issued the ruling on entitlement on December 10, 2015, and the decisions awarding damages and attorneys' fees on May 2, 2016. The theory of causation was "Off-Table" as per the initial database entry, but the respondent's concession indicates acceptance of a causal link for SIRVA. Petitioner's counsel was Maximillian Muller, and respondent's counsel was Sarah Duncan.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00829-0
Date issued/filed: 2016-04-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/10/2015) regarding 20 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00829-UNJ Document 31 Filed 04/27/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-829V
Filed: December 10, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CARA CRISCIONE, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza (“Flu”) Vaccine;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian Muller, Muller Brazil, LLP, Philadelphia, PA, for petitioner.
Sarah Duncan, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On August 3, 2015, Cara Criscione (“petitioner”) filed a petition for compensation
under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et
seq.,2 [the “Vaccine Act” or “Program”]. Petitioner alleges that she suffered shoulder
injuries caused in fact by the influenza vaccine she received on October 7, 2014.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On December 9, 2015, respondent filed her Rule 4(c) report in which she
concedes that petitioner is entitled to compensation in this case. Respondent’s Rule
4(c) Report at 1. Specifically, respondent “concluded that petitioner’s alleged injury is
consistent with SIRVA, and that it was caused in fact by the flu vaccine she received on
October 7, 2014.” Id. at 4.
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended
at 44 U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to
identify and move to redact medical or other information, the disclosure of which would constitute an
unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits
within this definition, the undersigned will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:15-vv-00829-UNJ Document 31 Filed 04/27/16 Page 2 of 2
In view of respondent’s concession to which petitioner agrees and the
evidence before me, the undersigned finds that petitioner is entitled to
compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00829-1
Date issued/filed: 2016-05-02
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 12/29/2015) regarding 23 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00829-UNJ Document 32 Filed 05/02/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0829V
Filed: December 29, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CARA CRISCIONE, *
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza (“flu”) Vaccine; Shoulder Injury
* Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Sarah Duncan, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On August 3, 2015, petitioner filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine
Act” or “Program”). Petitioner alleged 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 of the Office of Special Masters.
On December 10, 2015, the undersigned issued a ruling on entitlement, finding
petitioner entitled to compensation for a shoulder injury related to vaccine administration
(“SIRVA”). On December 29, 2015, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $71,235.37. Proffer at
1. In the Proffer, respondent represented that petitioner agrees with the proffered
award.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended
at 44 U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to
identify and move to redact medical or other information, the disclosure of which would constitute an
unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits
within this definition, the undersigned will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:15-vv-00829-UNJ Document 32 Filed 05/02/16 Page 2 of 4
Based on the record as a whole, the undersigned finds that petitioner is entitled
to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $71,235.37 in the form of a check payable to
petitioner, Cara Criscione. This amount represents compensation for all damages
that would be available under § 300aa-15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.

Case 1:15-vv-00829-UNJ Document 32 Filed 05/02/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
CARA CRISCIONE, )
)
Petitioner, )
) No. 15-0829V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$71,235.37, which represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $71,235.37, in the form of a check payable to petitioner.
Petitioner agrees.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
1 Should petitioner die prior to the entry of judgment, the parties reserve the right to move the
Court for appropriate relief. In particular, respondent would oppose any award for future
medical expenses, future lost earnings, and future pain and suffering.
1

Case 1:15-vv-00829-UNJ Document 32 Filed 05/02/16 Page 4 of 4
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
s/ Sarah C. Duncan
Sarah C. Duncan
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 514-9729
Fax: (202) 616-4310
Date: December 29, 2015
2

================================================================================
DOCUMENT 3: USCOURTS-cofc-1_15-vv-00829-2
Date issued/filed: 2016-05-02
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/29/2015) regarding 25 DECISION Fees Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00829-UNJ Document 33 Filed 05/02/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0829V
Filed: December 29, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CARA CRISCIONE, *
*
Petitioner, *
v. * Attorneys’ Fees and Costs; Stipulation;
* Special Processing Unit (“SPU”)
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Sarah Duncan, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
Dorsey, Chief Special Master:
On August 3, 2015, petitioner filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine
Act” or “Program”). Petitioner alleged that she suffered shoulder injuries caused in fact
by an influenza vaccine she received on October 7, 2014. On December 29, 2015, a
decision was issued awarding compensation to petitioner based on a proffer from
respondent.
On December 29, 2015, the parties filed a Stipulation of Facts Concerning
Attorneys’ Fees and Costs. According to the stipulation, the parties stipulate to an
award of $16,017.72 for attorneys’ fees and costs. In compliance with General Order
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to post this decision on the United States Court of Federal Claims' website, in accordance with the E-
Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44
U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), petitioners have 14 days to identify
and move to redact medical or other information, the disclosure of which would constitute an unwarranted
invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will
redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:15-vv-00829-UNJ Document 33 Filed 05/02/16 Page 2 of 2
#9, petitioner’s counsel represented that petitioner incurred no out-of-pocket expenses
in this case.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42
U.S.C. § 300 aa-15(e). Based on the reasonableness of petitioner’s request and the
lack of any objection by respondent, the undersigned GRANTS the request for approval
and payment of attorneys’ fees and costs.
Accordingly, I award the total of $16,017.723 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel, Maximillian Muller.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all
charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered.
Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including
costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS, 924
F.2d 1029 (Fed. Cir.1991).
4 Entry of judgment can be expedited by the filing of a joint notice renouncing the right to seek review.
See Vaccine Rule 11(a).