Mariana Creighton-O’Connor v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA), including bursitis to her right shoulder (2017)

Filed 2017-03-03Decided 2017-09-22Vaccine Influenza
compensated$112,200

Case summary [AI summaries can sometimes make mistakes]

Mariana Creighton-O’Connor filed a petition for compensation under the National Vaccine Injury Compensation Program on June 29, 2016. She alleged that she received an influenza vaccine on October 9, 2014, and subsequently suffered a shoulder injury related to vaccine administration (SIRVA), including bursitis to her right shoulder.

She further alleged that the residual effects of this injury lasted for more than six months. The respondent denied that the flu vaccine caused the alleged SIRVA or any other injury.

Despite the respondent's denial, the parties filed a joint stipulation on March 3, 2017, agreeing that Mariana Creighton-O’Connor should receive compensation. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court.

Mariana Creighton-O’Connor was awarded $112,200.00 as compensation for all items of damages available under the Vaccine Act. This amount was to be paid as a lump sum in the form of a check payable to her.

The decision was entered on September 22, 2017. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism of injury.

Petitioner was represented by Paul R. Brazil of Muller Brazil, LLP, and respondent was represented by Lara Ann Englund of the U.S.

Department of Justice.

Theory of causation

Petitioner Mariana Creighton-O’Connor alleged that an influenza vaccine administered on October 9, 2014, caused a shoulder injury related to vaccine administration (SIRVA), including bursitis to her right shoulder, with residual effects lasting over six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. Petitioner was awarded $112,200.00 as a lump sum. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, stating only that the parties stipulated to an award. The decision was entered on September 22, 2017. Attorneys for petitioner were Paul R. Brazil and for respondent was Lara Ann Englund.

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