VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00652
Package ID: USCOURTS-cofc-1_16-vv-00652
Petitioner: Sarah Etheridge-Criswell
Filed: 2016-10-18
Decided: 2017-09-29
Vaccine: influenza
Vaccination date: 2014-12-14
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 120000

AI-assisted case summary:
Sarah Etheridge-Criswell filed a petition for compensation on June 2, 2016, alleging she suffered an injury to her left shoulder as a result of an influenza vaccine administered on December 14, 2014. The case was assigned to the Special Processing Unit. On October 17, 2016, the respondent filed a report conceding that the petitioner was entitled to compensation. The respondent concluded that the petitioner's injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and that the residual effects of the condition lasted for more than six months. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on October 18, 2016, finding the petitioner entitled to compensation. Subsequently, on March 13, 2017, the respondent filed a proffer on the award of compensation, recommending an award of $120,000.00, representing all elements of compensation. The petitioner agreed with this proffered award. On September 29, 2017, Chief Special Master Dorsey issued a decision awarding damages, granting a lump sum payment of $120,000.00, payable by check to Sarah Etheridge-Criswell. Petitioner was represented by Danielle A. Strait of Maglio Christopher and Toale, PA, and respondent was represented by Ilene C. Albala of the U.S. Department of Justice.

Theory of causation field:
Petitioner Sarah Etheridge-Criswell alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on December 14, 2014. The respondent conceded entitlement, finding the injury consistent with SIRVA and that residual effects lasted more than six months. The theory of causation is based on the Vaccine Injury Table. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on October 18, 2016, based on the respondent's concession. A subsequent decision on September 29, 2017, awarded a lump sum of $120,000.00 to the petitioner, representing all elements of compensation, as agreed upon in a proffer filed by the respondent on March 13, 2017. Petitioner was represented by Danielle A. Strait, and respondent by Ilene C. Albala.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_16-vv-00652-0
Date issued/filed: 2017-02-02
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/18/2016) regarding 15 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00652-UNJ Document 26 Filed 02/02/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0652V
Filed: October 18, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
SARAH ETHERIDGE-CRISWELL, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Danielle A. Strait, Maglio Christopher and Toale, PA, Washington, DC, for petitioner.
Ilene C. Albala, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On June 2, 2016, Sarah Etheridge-Criswell (“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 an injury to her left shoulder as a result of an influenza (“flu”) vaccine
administered on December 14, 2014. Petition at 1. The case was assigned to the
Special Processing Unit (“SPU”) of the Office of Special Masters.
On October 17, 2016, respondent filed her Rule 4(c) report in which she
concedes that petitioner is entitled to compensation in this case. Rule 4(c) Rep. at 1.
Respondent concluded, based on her evaluation of the evidence, that petitioner’s injury
is consistent with a shoulder injury related to vaccine administration (“SIRVA”), and that
petitioner has suffered the residual effects of her condition for more than six months. Id.
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. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). 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 1:16-vv-00652-UNJ Document 26 Filed 02/02/17 Page 2 of 2
at 3. Therefore, based on the record as it now stands, petitioner has satisfied all legal
prerequisites for compensation under the Vaccine Act. Id. at 4.
In view of respondent’s concession 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_16-vv-00652-1
Date issued/filed: 2017-09-29
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 03/14/2017) regarding 30 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00652-UNJ Document 41 Filed 09/29/17 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0652V
Filed: March 14, 2017
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
SARAH ETHERIDGE-CRISWELL, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Danielle A. Strait, Maglio Christopher and Toale, PA, Washington, DC, for petitioner.
Ilene C. Albala, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On June 2, 2016, Sarah Etheridge-Criswell (“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”). Petitioner alleged that she suffered an injury
to her left shoulder as a result of an influenza (“flu”) vaccine administered on December
14, 2014. The case was assigned to the Special Processing Unit (“SPU”) of the Office
of Special Masters.
On October 18, 2016, the undersigned issued a ruling on entitlement finding
petitioner entitled to compensation for a shoulder injury related to vaccine administration
(“SIRVA”). On March 13, 2017, respondent filed a proffer on award of compensation
(“Proffer”) indicating petitioner should be awarded $120,000.00. Proffer at 1. In the
Proffer, respondent represented that petitioner agrees with the proffered award. Based
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. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). 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 1:16-vv-00652-UNJ Document 41 Filed 09/29/17 Page 2 of 4
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 $120,000.00 in the form of a check payable to
petitioner, Sarah Etheridge-Criswell. 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.
2

Case 1:16-vv-00652-UNJ Document 41 Filed 09/29/17 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
SARAH ETHERIDGE-CRISWELL, )
)
Petitioner, )
) No. 16-652V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
On October 18, 2016, Chief Special Master Dorsey issued a Ruling on Entitlement
finding that petitioner was entitled to vaccine compensation. Based upon the evidence of record,
respondent proffers that petitioner should be awarded $120,000.00, 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 $120,000.00, in the form of a check payable to petitioner.
Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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 1:16-vv-00652-UNJ Document 41 Filed 09/29/17 Page 4 of 4
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
/s/ Ilene Albala
ILENE ALBALA
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-3655
Dated: March 13, 2017
2